NARASAMMA B. Vs. ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) This petition by the plaintiff in Original Suit No.223 of 2019 is directed against the impugned order dtd. 12/4/2023 passed on I.A. No.V by the Additional Civil Judge and Judicial Magistrate First Class, Pandavapura, whereby the said application filed by the petitioner/plaintiff under Order XIV, Rule 5 read with Sec. 151 of the Code of Civil Procedure, 1908, for framing one additional issue was rejected by the trial Court.

(2.) Heard the learned counsel on both sides and perused the material on record.

(3.) Material on record discloses that the petitioner/plaintiff has instituted the aforesaid suit against the respondents/defendants for permanent injunction and other relief in relation to the suit schedule immovable property. The suit is being contested by the respondents/defendants-State. The respondents/ defendants have filed their written statement and at paragraph Nos.3 and 5, they have taken up the specific contention that there was a kharab land in the suit schedule property which was reserved for formation of channel. It is the grievance of the petitioner/plaintiff that despite specific assertion/contention of the respondents/defendants that there was kharab land in the suit schedule property which was reserved for formation of channel, there is no specific issue in this regard and as such, the petitioner/plaintiff filed the instant application, namely I.A. No.V seeking framing of additional issue in this regard. The said application having been opposed by the respondents/defendants, the trial court proceeded to pass the impugned order rejecting the application on the ground that the said issue was already covered by issue No.3. Aggrieved by the impugned order, the petitioner/plaintiff is before this court by way of this petition.