SMT. M P PUTTAMMA Vs. V CHITTIBABU

JUDGEMENT

(1.) Petitioner being the plaintiff in a suit for declaration and injunction in O.S.No.1541/2017, is knocking at the doors of writ court for assailing the order dated 22.6.2018, a copy whereof is at Annexure-E, whereby the learned LXIII Addl. City Civil Judge, Bangalore City (CCH-64), having rejected her application in I.A.No.II filed u/o VI Rule 17 r/w Section 151 of CPC, 1908, has declined leave to amend the plaint for introducing the ground of "easement of necessity" in terms of section 13 (though arguably section 15 is wrongly employed) of the Easements Act, 1882.

(2.) After service of notice, the respondent-defendant having entered appearance through his counsel, vehmently resists the writ petition making submission in justification of the impugned order and the reasons on which it has been predicated.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence on costs in the matter for the following reasons: