S MURALIKRISHNA Vs. LAKSHMI

JUDGEMENT

(1.) The petitioner, defendant No.1 in O.S.No.5335/2014 on the file of the XII Additional City Civil and Sessions Judge at Bengaluru City (CCH-27), Bengaluru (for short, 'Trial Court') is before this Court against order dtd. 3/6/2023 allowing I.A.No.19 filed under Order VI Rule 17 of CPC to amend the plaint to include additional averments as well as to add additional prayer.

(2.) Heard the learned senior counsel Sri.Y.R.Sadasiva Reddy for Sri.J.M.Rajanna Shetty, learned counsel for petitioner/defendant No.1, learned senior counsel Sri.D.L.Jagadeesh for Sri.Omran Gulam Ahmed Khan, learned counsel for respondent No.1/plaintiff and learned counsel Sri.H.N.Divya Tej, for Sri.R.Kothwal, learned counsel for respondent No.2/defendant No.2. Perused the writ petition papers.

(3.) Learned senior counsel for the petitioner/defendant No.1 would submit that suit of the respondent No.1/plaintiff as originally filed was for partition of suit schedule properties and to allot 1/3rd share in the suit schedule properties and for accounts. It is submitted that the petitioner/defendant No.1 filed written statement. Learned senior counsel would submit that during pendency of the suit, the parties to the suit i.e., plaintiff and defendant No.1/petitioner herein entered into settlement and accordingly, plaintiffrespondent No.1 executed registered release deed in favour of the petitioner/defendant No.1 by agreeing to receive a sum of Rs.3.5 Crores and the respondent/plaintiff received a sum of Rs.30,00,000.00. It was agreed that Rs.2.00 crores will be payable within 2 years from the date of registered release deed and as a guarantee for payment of the said amount, five sites were given to first respondent/plaintiff, which are valued more than Rs.2.00 Crores. It is also submitted that the respondent No.1/plaintiff has also agreed to withdraw the suit and other proceedings. It is submitted that the respondent No.1/plaintiff having accepted five sites, executed registered gift deed in respect of the said five sites gifting the same to her mother under registered gift deed dtd. 17/10/2019.