KALEGOEDA Vs. MARIGOWDA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 1/8/2015 passed by the II Civil Judge and JMFC, Mysuru (for short "trial Court") in O.S. No. 231/2010, whereby the application filed by the petitioner under Order VI, Rule 17 CPC for amendment of the plaint was partly allowed by the trial Court.

(2.) Heard learned Counsel for the petitioner and learned Counsel for respondent Nos. 1, 2 and 4 and perused the material on record.

(3.) The material on record indicates that it is not in dispute that the petitioner herein filed the aforesaid suit O.S. No. 231/2010 against the respondents herein for partition and separate possession of his share in the suit schedule properties and for other reliefs. The said suit having been contested by the respondents-defendants, the matter was posted for evidence. At that stage, the petitioner filed an application under Order VI, Rule 7 CPC for amendment of the plaint seeking permission to add three additional items of properties along with the existing suit schedule properties. The said application having been contested by the respondents, the trial Court partly allowed the application permitting the petitioner to amend the plaint by inserting item 2 among with the properties mentioned in the application but rejected the application in so far as items 1 and 3 are concerned aggrieved by which petitioner is before this Court by way of the present petition.