S.P.AMULYA Vs. M.GOVINDARAJU

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed in which the petitioner has assailed the validity of the order dated 25.10.2016, by which application preferred by the plaintiff seeking amendment of the plaint has been allowed.

(2.) Facts leading to filing of this petition briefly stated are that respondent No.1/plaintiff filed a suit viz., O.S.No.3152/2003 inter alia on the ground that he is the owner of 7 guntas of land situated in survey No.14 of Bhoopsandra Village and is in possession of the same. The plaintiff sought the relief of permanent injunction restraining the defendants from interfering with his possession over the suit land. Thereafter, the plaintiff filed an application on 16.07.2014 under Order 6 Rule 17 of Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code' for short) seeking amendment of the plaint and proposing to incorporate the prayer for delivery of vacant possession of the suit schedule property. The aforesaid interlocutory application was rejected by the Trial Court vide order dated 18.07.2014. The aforesaid order was subject matter of challenge at the instance of respondent No.1/ plaintiff before this court in W.P.No.57856/2014, which was withdrawn by respondent No.1/plaintiff on 22.07.2015.

(3.) Thereafter, the petitioner filed another interlocutory application on 03.10.2016 under Order 6 Rule 17 of the Code seeking amendment of the plaint in which again a prayer was made for delivery of vacant possession of the suit schedule property. The aforesaid application was allowed vide order dated 25.10.2016. In the aforesaid factual background, the defendant/ petitioner has approached this court.