S.C. BYRAHANUMAIAH Vs. KRISHNAPPA

JUDGEMENT

(1.) The challenge in these writ petitions is (a) to the order granting leave to the respondent-defendant to amend his Written Statement and (b) to the order denying to the petitioner-plaintiff the leave to amend his plaint. After service of notice to all, only the tenth respondent being the contesting defendant has entered appearance through his counsel and resists the writ petition.

(2.) The learned counsel for the petitioner in connected W.P.No.42683/2016 has filed a memo dated 07.01.2020 giving up his challenge to the order of the Court below whereby the tenth respondent herein has been granted leave to amend the Written Statement and therefore, the said writ petition needs to be disposed off without granting indulgence; he further submits that the grace which the petitioner has shown needs to be reciprocated by the respondent.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that the order whereby the petitioner was denied leave to amend his plaint is unsustainable because: