LALITHAMMA W/O. K.T. PILLA REDDY, SMT. N. SHANTHAMMA W/O. LATE PATTABHIRAMA REDDY AND SMT. MANJULA W/O. RAGHUTHAMAN Vs. SMT. CHINNAMMA W/O. NAGAPPA SINCE DECEASED BY HER L.RS., PLAINTIFFS NO. 1 TO 3 AND DEFENDANTS NO. 2 TO 4 (SHRI N. CHANDRASHEK

JUDGEMENT

(1.) PETITIONERS /Plaintiffs have instituted suit against Respondents/Defendants for partition and separate possession in respect of plaint schedule properties. The Defendants have filed written statement on 24.2.2003 and have contested the claim of the Plaintiffs. Issues were framed. Trial of the suit commenced. On 12.1.2010, the Plaintiffs filed I.A.10 under Order 6 Rule 17 Code of Civil Procedure seeking leave of the Court to amend the plaint to incorporate proposed pleading as para 4(a). Statement of objections was filed by the Defendants and the prayer in the application was opposed. The Trial Court, has dismissed LA. 10. Aggrieved, the Plaintiffs have filed this writ petition.

(2.) SRI M.K. Shivaraju, learned Counsel appearing for the Petitioners firstly contended that, the I.A.10 has not been considered in correct perspective by the Trial Court. Secondly, the proposed amendment is necessary to decide the real question in controversy between the parties and by disallowing I.A.10, the Trial Court has committed material error and irregularity.

(3.) I have perused the writ petition papers.