K D NANAIAH Vs. KOKKANDA B POONACHA

JUDGEMENT

(1.) THIS civil revision petition by defendants 5 and 6 in O. S. No. 75 of 1996 on the file of the Court of Civil Judge (Senior Division) at Virajpet, is directed against an order passed by the Trial Court dated 6-4-2002 on i. A. No. XX, an application filed by the plaintiffs in the suit.

(2.) THE suit is for partition and separate possession of the suit schedule properties. Plaintiffs and defendants 1 to 4 are stated to be the members of the joint family. Defendants 5 to 7 are purchasers of some of the properties from some of the members of the family.

(3.) PLAINTIFFS had filed an application I. A. No. XX under Order 6, Rule 17 read with Section 151 of the CPC praying for certain amendments to the plaint. The amendment sought for was for quite a few additional reliefs, one for modification of certain suit items and also for indicating the boundaries in respect of some of the properties, that certain transactions between defendants 2 and 7 are not bona fide and not binding, for permission to make certain averments in the nature of allegations against defendants 5 and 6 and for a prayer to claim damages in a sum of Rs. 10. 00 lakhs as against defendants 5 and 6 in the suit. It is the prayer relating to the permission to claim damages that is relevant for the purpose of this civil revision petition, inasmuch as, the application that had been filed by the defendant and had been allowed by the Trial court in total, and it is insofar as, it relates to the allowing of the prayer for damages in a sum of Rs. 10. 00 lakhs as against defendants 5 and 6, the aggrieved defendants are in revision before this Court under Section 115 of the CPC.