MADHU G. Vs. G.PRAKASH

JUDGEMENT

(1.) The plaintiff in O.S. No.8523/2002 on the file of the XLIV Additional City Civil and Sessions Judge, Bengaluru, has filed this writ petition challenging an Order dtd. 1/9/2022 passed therein by which the Trial Court rejected an application (I.A. No.21) filed by him under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (for short, 'the CPC') seeking to recast issue No.3 and to frame an additional issue.

(2.) The suit in O.S. No.8523/2002 was filed inter alia for the following reliefs, in respect of the property bearing No.43/37, 2nd cross, Promnade Road, Frazer Town, Bengaluru, measuring 40 feet x 60 feet.

(3.) The plaintiff claimed that the suit property was purchased by the defendant No.2 from out of the funds generated from the joint family properties which was the subject matter of the suit in O.S. Nos.5240/1988 and 154/1989. The plaintiff claimed that after preliminary decree was passed in the said two suits, defendant No.2 had utilized the funds of the joint family and had purchased the suit property in his name and therefore, they were entitled for an undivided share in the suit property.