SALAMMA Vs. H. BHARATHI

JUDGEMENT

(1.) THE petitioner is the plaintiff in OS No. 5061/2008 on the file of the Principal City Civil and Sessions Judge, Bangalore (CCH - 45). Being aggrieved by the order dated 30.9.2011 rejecting the application in I.A. No. 2 filed under Order 6 Rule 17 of CPC, he has filed this writ petition.

(2.) THE petitioner/plaintiff filed the suit seeking for permanent injunction restraining the defendant from interfering with the peaceful possession and enjoyment of the suit schedule property. In the suit, it was contended that plaintiff is the absolute owner in possession of the property bearing site No. 19 situated at 17th A Main Road, Jedahalli village, Rajajinagar 5th Block, Bangalore measuring east to west 35 feet and north to south 30 feet. The said property was purchased as per registered sale deed dated 21.3.1960. Since then, she has been in possession and enjoyment of the same. However, the defendant is trying to interfere with the possession of the property and hence the plaintiff filed the suit seeking for permanent injunction.

(3.) THE Trial Court by its order impugned in this writ petition rejected the said application on the ground that the matter was posted for evidence after framing of issues as per proviso to Order 6 Rule 17 CPC, the pleadings of the parties cannot be amended. Therefore, the said order is under challenge in this writ petition.