VIJAYALAKSHMI Vs. T. JAYALAKSHMAMMA SINCE DECEASED BY HER L.RS., SRI V. SURYANARAYANA SHETTY, SRI K. KESHAVA HEBBAR AND SMT. SARASWATHI

JUDGEMENT

(1.) THIS writ petition is filed challenging the order dated 07.08.2012 passed in IA No. 38 in O.S. No. 3445/2003 on the file of the 37th Additional City Civil and Sessions Judge, Bangalore, wherein the plaintiff has filed an application under Order 6 Rule 17 of CPC seeking to add the prayer in the plaint for directing the second defendant to hand over the possession of the suit schedule property to the plaintiff free from all liabilities. The said application was resisted by the defendants by filing objections. The trial court after hearing the parties has held that the said application is not maintainable at the stage when the matter was posted for arguments of the defendants and has dismissed the same. Being aggrieved by the said order, plaintiff has approached this court by filing this writ petition. Heard Sri. K. Sreedhar, learned counsel for the petitioner and Sri. S.R. Krishna Kumar, learned counsel for the second respondent.

(2.) ON a careful consideration of the entire materials on record, it is seen that the suit pertains to the year 2003 and the application for amendment has been filed in the year 2012, i.e., on 09.05.2012, almost 9 years after the date of filing the suit. It is the case of the plaintiff that at the time of filing of the suit, the prayer was only for a declaration that the sale deed executed by the first defendant in favour of the second defendant dated 15.03.2003 is null and void and for further declaring that the plaintiff is the sole and absolute owner of the suit schedule property and to grant relief of permanent injunction against the defendants. Nine years after the lapse of filing of the said suit, the plaintiff has come up with a prayer for seeking possession of the suit schedule property.