MUNIRATHNAMMA Vs. ANNEPPA

JUDGEMENT

(1.) PETITIONERS are the plaintiffs and the respondents are the defendants in O.S.No.2214/2011 pending on the file of the City Civil Court at Bangalore. Suit has been instituted to pass a decree of partition and put the plaintiffs in separate possession of their share after holding a sale deed dated 3.10.1996 executed by defendants 1 to 7 and 9 to 12 in favour of the defendants 13 to 16 in respect of 36 guntas of suit property and another sale deed dated 14.11.2002 executed by defendants 1 to 12 in favour of the defendant No.17 in respect of 8 guntas of the suit property as illegal and not binding on their share and for an enquiry into the mesne profits. MFA Nos.7076 and 7077/2011 filed by the plaintiffs were decided along with MFA 7532/2011 on 30.8.2011 and the suit was directed to be decided within a period of one year of the pleadings being complete and issues being raised, by directing both the parties to render co-operation to the Trial Court for early trial and disposal of the suit.

(2.) PLAINTIFFS filed I.A.5 to amend issue No.2, recast issue No.7 and delete issue No.5 and frame additional issues. The learned Trial Judge by an order dated 15.2.2013 has held that I.A.5 is devoid of merit and as a result, passed an order of dismissal. Assailing the said order, this writ petition has been filed.

(3.) SRI D.R.Sundaresha and Sri A.Krishna Bhat, learned counsel appearing for respondents on the other hand supported the view taken by the Trial Court and sought dismissal of the writ petition.