SHIVABASAVVA Vs. GOURAWWA

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have called in question the order dated 08.01.2014 passed by the trial Court in O.S. No. 18/2012 on I.A. No. IV vide Annexure -G.

(2.) BY the impugned order at Annexure -G, the trial Court has rejected I.A. No. IV filed by the petitioners for amendment of the written statement.

(3.) BRIEFLY stated the facts are; The first respondent has filed suit in O.S. No. 18/2012 for partition and separate possession of the suit schedule properties. The defendant No. 1 has filed her written statement denying the plaint averments and contending that the suit schedule properties are joint family properties. It is denied that B -schedule properties were purchased by the plaintiff and defendant Nos. 7 and 8 out of the profits earned by the partnership firm. It is prayed to award 1/9th share in all the suit schedule properties to the defendant No. 1 also. Defendants 2 to 5 i.e., the petitioners herein have filed their written statement supporting the claim of the plaintiff and they have prayed to decree the suit.