RAJAPURA HOMES PRIVATE LIMITED Vs. Y.R. HARISH

JUDGEMENT

(1.) This writ petition is filed by the plaintiff in O.S.No.345/2013 on the file of the Principal Civil Judge and JMFC, Anekal, Bangalore Rural District (for short 'the civil court') impugning the order dated 18.1.2019. The civil Court by the impugned order dated 18.1.2019 has rejected the petitioner's application under Order VI Rule 17 of the Code of Civil Procedure, 1908. (for short, 'the CPC') for permission to amend the plaint by furnishing the boundaries to the suit schedule property viz., the land measuring 4 acres 27 guntas in survey No.67 of Rajapura village, Jigani Hobli, Anekal Taluk, Bangalore. The civil Court has opined that permitting the petitioner to amend the plaint would tantamount to allowing the petitioner to withdraw an admission. The civil Court has also opined that petitioner, who is not diligent in seeking amendment, cannot be permitted to amend the plaint.

(2.) The petitioner has filed the suit in O.S.No.345/2013 for permanent injunction against the respondent from interfering with the petitioner's alleged possession of the suit schedule property. The petitioner's specific case is that the land in Survey No.67 of Rajapura village, Jigani Hobli, Anekal Taluk, Bangalore is diverted from agricultural to non-agricultural (the details of the official Memorandum issued for such diversion are mentioned in the plaint schedule). The petitioner has purchased only an extent of 4 acres 27 guntas out of the total extent of 5 acre 2 guntas because an extent of 15 guntas out of the total extent is utilized for Road.

(3.) On the other hand, the defendant's specific case is that he has purchased an area measuring 15 guntas in Survey No.67 of Rajapura village, Jigani Hobli, Anekal Taluk, Bangalore, subsequent to the sale deed in favour of the petitioner. The petitioner is aware of the defendant's purchase, and the petitioner is also aware that this 15 guntas in survey No.67 of Rajapura village, Jigani Hobli, Anekal Taluk, Bangalore is to the eastern side of the suit schedule property. Nevertheless, the petitioner has filed the suit for permanent injunction deliberately without mentioning the boundaries to the suit schedule property and suppressing the respondent's title and possession of abutting 15 guntas in Survey No.67 of Rajapura village, Jigani Hobli, Anekal Taluk, Bangalore.