YALLAPPAGOUDA Vs. ANNAUPURNEVVA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 22/2/2022 passed in FDP. No.5/2020 by the III Additional Senior Civil Judge and J.M.F.C., Hubballi, whereby the application I.A.No.III filed by respondent Nos.1 and 2/ plaintiffs under Order VI Rule 17 of CPC was allowed by the Trial Court.

(2.) Heard learned counsel for the petitioners and learned counsel for respondent Nos.1 and 2 and perused the material on record.

(3.) The material on record discloses that respondent Nos.1 and 2 instituted the aforesaid final decree proceedings to enforce and implement the preliminary decree passed in their favour dtd. 16/3/2016 in O.S.No.86/2013 by the III Additional Senior Civil Judge, Hubballi which was confirmed in R.A.No.117/2016 preferred by the petitioners herein. In the said FDP.No.5/2020 respondent Nos.1 and 2 filed application under Order-VI Rule-17 of CPC seeking amendment of the preliminary decree on the ground in view of change of law as held by the Hon'ble Apex Court in the case of Vineeta Sharma vs. Rakesh Sharma and Others , reported in 2020 (9) SCC 1 following the judgment in the case of Gonduri Koteshwaramma vs. Chakiri Yanadi , reported in 2011 (9) SCC 788 the preliminary decree is to be amended by enlarging and modifying the preliminary decree in terms of the said judgments of the Hon'ble Apex Court. The said application having been opposed by the petitioners herein, the Trial Court proceeded to pass the impugned order allowing I.A.No.III, aggrieved by which, petitioners are before this Court by way of present petition.