FAKKIRAPA Vs. NABISAB

JUDGEMENT

(1.) This writ petition is directed against the impugned order dtd. 27/1/2023 passed in O.S. No. 57/2012 by the Sr. Civil Judge & JMFC, Kalaghatagi, whereby the application filed by the respondent No.1-plaintiff under Order VI Rule 17 CPC seeking amendment of the plaint was allowed by the trial Court.

(2.) I have heard learned counsel for the petitioner and perused the material on record.

(3.) The material on record discloses that the respondent No.1/ plaintiff instituted the aforesaid suit O.S. No. 57/2012 for specific performance and other reliefs in relation to the suit schedule immovable property. In the said suit, initially respondents No.2 to 7 were arrayed as defendants and the suit having been partly decreed by the trial Court vide judgment and decree dated 04. 07.2018, the respondents/ defendants preferred an appeal which was allowed by the first appellate Court and the matter remitted back to the trial Court for reconsideration afresh vide judgment dtd. 26/1/2021 passed in R.A. No. 176/2018. Subsequent to remand, the respondent No.1/plaintiff filed the instant application seeking amendment of the plaint by incorporating certain events that had transpired during the pendency of the suit including pleadings and prayer in relation to the registered sale deed dtd. 7/3/2022 executed in favour of the petitioner herein subsequently arrayed as defendant No.1. The said application having been opposed by the petitioner herein, the trial Court proceed to allow the same by holding as under: