SHIVSHANKARA Vs. H.P. VEDAVYASA CHAR

JUDGEMENT

(1.) The defendant Nos. 1 and 2 in O.S. No.6456 of 1993 on the file of the Court of XIV Additional City Civil Judge, Bangalore, filed this appeal under Article 136 of the Constitution of India, calling in question the judgment and decree dtd. 9/9/2010 passed by the Hon'ble High Court of Karnataka at Bengaluru in RFA No.1966 of 2007. They are the sons of the third defendant in the said suit, who died during its pendency. They filed the stated first appeal on being aggrieved and dissatisfied with the judgment and decree dtd. 4/7/2007 in O.S. No.6456 of 1993. During the pendency of the captioned appeal, the second appellant died and consequently his legal heirs were impleaded as additional appellants 2.1 to 2.4. Ergo, in this appeal, hereafter the original first appellant and the impleaded legal heirs of the deceased second appellant are collectively described as 'appellants', unless otherwise specifically mentioned. The respondent herein was the plaintiff in the said suit which was filed originally praying thus: -

(2.) The appellants herein filed written statement contending, inter alia, that the subject suit is not maintainable, that there is no prayer for possession, that the suit was not valued correctly and that the real owners of the suit property was not arraigned as parties. Subsequently, the plaintiff / respondent herein got amended the plaint by adding paragraph 9 (a), schedules A, B and 'C' and also prayers qua them viz., prayer 'b'. Compositely, the suit property, which is a house bearing No. B-91, has been described as 'A schedule' and out of which a portion measuring 35' x 40', within the boundaries mentioned, has been described as 'B schedule'. 'C schedule' is the portion of the premises bearing No. B-91 as described therein. To be precise, the prayers in the amended plaint read as under: -

(3.) Obviously, the defendants did not challenge the order allowing the amendment of the plaint and also did not file additional written statement after the amendment.