GANGUBAI Vs. BALAPPA

JUDGEMENT

(1.) This petition by defendants No.1 and 2 in OS No.81/2014 on the file of learned Senior Civil Judge and JMFC, Raibag, is directed against the impugned order dtd. 16/7/2016 passed on IA No.7, whereby the said application filed by respondent No.1/plaintiff seeking amendment of the plaint by incorporating additional properties and inserting corresponding pleadings in this regard was allowed by the trial Court.

(2.) Heard the learned counsel for the petitioners and learned counsel for respondent No.1 and perused the material on record.

(3.) The material on record discloses that respondent No.1/plaintiff instituted the aforesaid suit against the petitioners/defendants No.1 and 2 and other defendants for partition and separate possession of his share in the suit schedule immovable properties. The said suit is being contested by the petitioners/defendants. After commencement of trial, respondent No.1/plaintiff having filed the aforesaid application IA No.7 seeking amendment of the plaint by incorporating additional properties and inserting corresponding pleadings in this regard, the trial Court proceeded to pass the impugned order allowing the application. Aggrieved by the same, the petitioners are before this Court by way of present petition.