IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P. NO. 46776/2016 (GM-CPC) BETWEEN:
SMT. VIJAYA K W/O. M. KODANDARAM, AGED ABOUT 45 YEARS, R/O. PORTION OF 769/13, 80 FEET ROAD, 5TH CROSS, 6TH BLOCK, DR. RAJKUMAR ROAD, RAJIJINAGAR, BANGALORE -10.
... PETITIONER (BY SRI. P N HEGDE, ADVOCATE) AND:
MR K SUBRAMANI S/O. LATE. KANDASWAMY, AGED ABOUT 55 YEARS, R/O. PORTION OF 769/13, 80 FEET ROAD, 5TH CROSS, 6TH BLOCK, DR. RAJKUMAR ROAD, RAJIJINAGAR, BANGALORE -10.
... RESPONDENT (BY SRI. N SHASHI BHUSHAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER ANNEXURE-A IN O.S.NO.2474/2011 DTD:DTD:1.8.2016 PASSED BY THE IXTH ADDL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-5 AND CONSEQUNETLY ALLOW THE APPLICATION AT ANNEXURE-D FILED UNDER ORDER VI RULE 17 OF CPC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri P.N.Hegde, learned Advocate appearing for petitioner and perused the impugned order.
2. Petitioner herein is the plaintiff in O.S.No.2474/2011 and she has instituted the suit for bare injunction. Application for amendment of the plaint came to be filed by petitioner seeking leave of the Court to incorporate a plea with regard to flow of title. Said application was resisted to by the defendant by filing objections and trial Court by impugned order has opined that said amendment would not be necessary to decide the facts in issue between parties. As rightly observed by trial Court, suit in question being a suit for bare injunction, issue of title cannot be gone into and defendant in the present suit has already filed a comprehensive suit in O.S.No.913/2012 wherein the present writ petitioner can raise all such plea now raised by proposed amendment in the said suit.
3. In that view of the matter, this Court finds no error having been committed by trial Court calling for interference. No grounds to entertain this writ petition. Hence, writ petition stands rejected as being devoid of merits.
SD/- JUDGE *sp