IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 33600 OF 2019 (GM-CPC) BETWEEN:
1. V. Venkataswamy, S/o. Late Venkatappa, Aged about 75 years, 2. Smt. Gayathri, W/o. V. Venkataswamy, Aged about 70 years, 3. B.V. Prashantha, S/o. V. Venkataswamy, Aged about 45 years, 4. B.V. Kumaraswamy, S/o. V. Venkataswamy, Aged about 40 years, 5. Smt. Padmavathi D/o. V. Venkataswamy, Aged about 42 years, All are residing at No.279/A, 1st Cross, 7th Main Road, 2nd Stage, BTM Layout, Bengaluru – 560 076. ... Petitioners (By Sri. Ramesh Ananthan, Advocate) AND:
1. Smt. V. Vijaya, W/o. Gurumurthy, Aged about 51 years, 2. Kum. V. Saraswathi, D/o. V. Venkataswamy, Aged about 47 years, Both are residing at No.231, Vijayanagar 3rd Stage, A/1 Block, 3rd Main Road, Mysore – 17.
Constitution of India praying to quash / set aside the order passed at Annexure – E on the IA filed under Order VI Rule XVII of CPC dated 19.07.2019 in O.S.No.343/2008 on the file of the Senior Civil Judge, Anekal.
This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R Petitioners being the defendants in a partition suit in O.S.No.343/2008 are invoking the writ jurisdiction of this Court for assailing the order dated 19.04.2019 whereby their application filed under Order VI Rule XVII of Code of Civil Procedure, 1908, seeking amendment of their Written Statement has been negatived.
2. Having heard learned counsel for the petitioners and having perused the petition papers, impugned order cannot be faulted in as much as the amendment is sought to be effected after trial has begun in a suit of the year 2008. Be that as it may.
3. Even otherwise also this order being harmless does not prevent the petitioners from mentioning the dates of acquisition of the subject properties by registered conveyances in their evidence, which court below will not take hesitate to take cognizance of.
Writ petition is disposed of.
Sd/- JUDGE SV