SINDHU C.K. Vs. K.V.BHARATH RAJU

JUDGEMENT

(1.) Challenging order dtd. 27/1/2018 passed by VIII Additional City Civil and Sessions Judge (CCH-15) Bengaluru, in O.S.no.7735/2008 on I.A.no.22 filed under Order VI rule 17 of Code of Civil Procedure (for short 'CPC'), this writ petition is filed.

(2.) Sri. M Venkatappa, learned counsel for petitioners submitted that writ petition was filed by plaintiffs in O.S.no.7735/2008 seeking relief of permanent injunction restraining defendants from interfering with plaintiffs' possession in respect of suit schedule property etc. In said suit defendants entered appearance and filed written statement on 21/7/2009 denying plaintiffs' title. Therefore, plaintiffs filed I.A.no.22 under Order VI rule 17 of CPC for amendment of plaint by addition of pleadings and prayer for declaration of plaintiffs' title in respect of suit schedule property by setting aside registered sale deeds dtd. 24/3/2008, 31/10/2008 and 8/6/2010.

(3.) In affidavit filed in support of application, it was stated that form no.16 obtained by them for period from 1/4/2004 to 16/11/2008 indicated 'nil encumbrance', while form no.15 for period from 1/4/2004 to 22/2/2009 showed only sale deed dtd. 18/11/2008 executed in favour of plaintiffs. It was stated that since sale deeds dtd. 24/3/2008, 31/10/2008 and 8/6/2010 were not reflected, plaintiffs were unaware of them until said transactions were placed on record during trial. On said cause of action, I.A.no.22 was filed.