GANGUBAI AND OTHERS Vs. SUBHASCHANDRA AND OTHERS

JUDGEMENT

(1.) THIS petition though listed for preliminary hearing, with the consent of learned counsel for the parties, is finally heard and disposed of. The rejection of petitioners' IA No. 23 under Order VI Rule 17 of CPC Annexure -D in OS No. 168/2008 by order dated 5.10.2013 Annexure -A of the IV Additional Civil Judge and JMFC, Gulbarga, has resulted in this petition under Article 227 of the Constitution of India.

(2.) AT paragraph -9 of the plaint in OS No. 168/2008 instituted by the petitioners, it was asserted that the petitioners/plaintiffs were in possession of the suit lands since the date of partition between their ancestors for over fifty years without interruption and to the knowledge of the defendants they had become owners of the suit land by way of adverse possession.

(3.) THE trial court in a very elaborate order having noticed pleadings of the parties and making reference to several reported opinions of this court and that of the Supreme Court, declined to permit the amendment of the plaint by striking out paragraph -9.