H.K. MANJUNATH Vs. RAMESH KUMAR

JUDGEMENT

(1.) This Writ Petition is filed by defendant No.1(c) in Original Suit No. 27 of 2009 of on the file of Additional Civil Judge and JMFC at Hassan, challenging the order 10/11/2021 dismissing IA.19.

(2.) Brief facts for adjudication of this Writ Petition are that the plaintiff has filed suit against the defendant seeking relief of permanent injunction in respect of the suit schedule property. The defendants entered appearance and contested the matter. However, during the pendency of the suit, defendant No.1 died and his legal representatives were brought on record and thereafter the defendant No.1(a) has filed written statement as per Annexure-E. In the meanwhile, the defendant No.1(c) has filed IA.19 under Order VI Rule 17 of the Code of Civil Procedure seeking amendment of the written statement filed by defendant 1(a). The said application is resisted by the plaintiff. The trial Court, after considering the material on record, by order dtd. 10/11/2021, dismissed the application and being aggrieved by the same, defendant No.1(c) has preferred this Writ Petition.

(3.) I have heard Sri Raghuveer R Settigeri on behalf of Sri Vigneshwar S. Shastri, learned counsel appearing for the petitioner and Smt. Priya Kale for Sri George Joseph, learned counsel appearing for the respondent No.1.