KHATUNABI Vs. IMAM HUSEN

JUDGEMENT

(1.) This Civi l Revision Petition is filed by the plaintif fs/petitioners assai l ing the correctness of the order passed by the Court below on IA No.XIV f iled under Order 23 Rule 1 R/W Section 151 of CPC.

(2.) The facts leading to the case are as under: It is the case of the present petitioners that their father fi led a suit against the defendants for the relief of declaration and perpetual injunction in respect of agricultural land bearing R.S.No.181/2A measuring 25 guntas. The case of the original plaintiff is that after introduction of Karnataka Land Reforms (Amendment) Act, the father of the petitioners herein along with father of the respondents jointly fi led Form No.7. The Land Tribunal on enquiry, granted Occupancy Rights. Original plaintif fs also contended that 10 guntas of land was acquired by the Government and remaining portion of the land measuring 1 acre 15 guntas was numbered as R.S.No.181/1A+1B+2+3/3. However, the father of the petitioners fi led a suit by describing the suit schedule property as R.S.No.181/2A. During the pendency of the suit, the father of the present petitioners died and present petitioners was brought on record as legal representatives. The present petitioners as wel l as respondents to substantiate their respective contentions led in oral and documentary evidence. When the matter was set in for arguments, the present petitioners fi led an amendment appl ication seeking correction of description of the suit land. The present respondents resisted the amendment appl ication. Learned Judge rejected the amendment appl ication f iled by the present petitioners.

(3.) The present petitioner being aggrieved by the order, preferred writ petition before this Court chal lenging the order of the Trial Court passed on IA No.13 which was fi led for seeking amendment of description of suit property. The Court dismissed the said writ petition on the ground that amendment was not sought by exercising due di l igence and there is inordinate delay in seeking amendment.