VINAYAK Vs. GADIGEVVA

JUDGEMENT

(1.) The captioned writ petition is filed by defendant No.4-purchaser assailing the order of the Courts below, wherein plaintiffs application seeking amendment of plaint to include the left out properties as indicated by defendants is allowed and plaintiffs are permitted to include the other properties. The said order is challenged by a purchaser.

(2.) Heard learned counsel for the petitioner/defendant No.4 and respondents.

(3.) Admittedly, the suit is one for partition and separate possession. The defendants have taken a stand that the plaintiffs have not included all the properties and therefore, suit for partial partition is not maintainable. In the light of the defence set-up by defendants, plaintiffs by way of amendment have sought leave of the Court to include all the properties.