SINGEGOWDA P.K Vs. NINGEGOWDA

JUDGEMENT

(1.) This petition takes exception to the impugned order dated 18.11.2015 passed in O.S.No.128/2011 by the Civil Judge and JMFC, Turuvekere, whereby the application, I.A.No.9 filed by the petitioner/plaintiff under Order VI Rule 17 of CPC seeking amendment of the plaint was rejected by the trial Court.

(2.) It is not in dispute that the petitioner, who was the plaintiff before the trial Court instituted a suit for declaration, permanent injunction and for other reliefs in respect of the suit schedule property described by him as Sy.No.153 (Old No.63/17) of Beechanahalli, Dabbeghatta Hobli, Turuvekere Taluk, measuring 2 acres 19 guntas. In the plaint, it was the specific contention put forth by the petitioner/plaintiff that the sole defendant/respondent had encroached upon the suit property to an extent of 20 guntas on its western side and consequently, petitioner is entitled to the aforesaid reliefs in the suit filed by him.

(3.) The defendant/respondent having contested the suit, the trial Court after framing issues permitted both sides to adduce oral and documentary evidence. After completion of evidence, at the instance of the plaintiff, Court Commissioner was appointed to conduct local inspection of the suit schedule property to ascertain the extent of alleged encroachment of the suit schedule property by the defendant. The Court Commissioner having submitted his report, the respondent/defendant has contested the said report by filing his objections.