L.S. ANITHA Vs. MANJULA

JUDGEMENT

(1.) This petition by the defendant No.1 in O.S.No.6315/2013 on the file of the I Additional City Civil and Sessions Judge, Bengaluru (for short, 'the trial Court') is directed against the impugned order passed on I.A.No.IX whereby, the said application filed by the respondent Nos.1 to 7-plaintiffs under Order VI Rule 17 of the Code of Civil Procedure, 1908 seeking amendment of the plaint was allowed by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the respondent Nos.1 to 7-plaintiffs instituted the aforesaid suit for declaration, mandatory injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioner-defendant No.1. After conclusion of trial, the respondent Nos.1 to 7-plaintiffs filed the instant application seeking amendment by incorporating certain subsequent events that had transpired during the pendency of the suit by way of amendment to the body of the plaint as well as the prayer column. The said application having been opposed by the petitioner, the trial Court proceeded to pass the impugned order allowing the application by holding as under: