D.H.NAVANATHSA Vs. D.H.NARAYANSA

JUDGEMENT

(1.) Respondent No.1 filed a suit in O.S No.6882/1991 for partition and separate possession against the petitioner and respondent Nos.2 to 4 herein. During the pendency of the suit, the plaintiff/respondent No.1 herein filed an application for amending the plaint by inserting para at the end of paragraph No.18 for the purpose of including some of the properties standing in the name of defendant No.3. Defendant No.3/petitioner herein filed objection to the said application contending that the application is not maintainable either in law or on facts and the plaintiff has filed a frivolous suit and already partition has been effected in between the parties and admittedly, there is no joint family status. Hence, the plaintiff has no right to include the self acquired properties of defendant No.3. Hence, prayed to reject the application.

(2.) The trial Court after considering the material on record has allowed the application vide order dated 26.04.2019. The petitioner/defendant No.3 aggrieved by the order dated 26.04.2019 passed on I.A.No.VI by LX Addl. City Civil and Sessions Judge, Bengaluru, in O.S No.9233/2015 has filed this writ petition.

(3.) Heard the learned counsel for the petitioner.