LOKESH K. Vs. NARAYANAPPA

JUDGEMENT

(1.) This petition by the respondents 32, 33 and 34 (the LRs of defendant No.10) in FDP No.25015/2017 on the file of the XXVIII Addl. City Civil Judge, Mayo Hall Unit, Bangalore is directed against the impugned order dtd. 23/1/2024 whereby the application I.A.No.1/2024 filed by the respondents 32, 33 & 34 (the LRs of defendant No.10) under Order 6 Rule 17, CPC seeking permission to amend the statement of objections (written statement) was rejected by the Trial Court.

(2.) Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

(3.) A perusal of the material on record will indicate that the respondents herein instituted the suit in O.S.No.15341/2009 before the Trial Court seeking partition and separate possession of their alleged share in the suit schedule immovable properties. The said suit was dismissed by the Trial Court vide judgment and decree dtd. 8/8/2012. Aggrieved by the same, the respondentsplaintiffs, preferred an appeal in RFA No.1420/2012 which was allowed by this Court vide judgment and decree dtd. 10/3/2016. Aggrieved by the same, the petitioner herein and other defendants approached the Apex Court in SLP.No.3766/2016 which was dismissed vide order dtd. 30/6/2016. The respondents-plaintiffs instituted the final decree proceedings in FDP No.25015/2017 to enforce and implement the said preliminary decree passed by this Court which was confirmed by the Apex Court. The petitioners herein filed their statement of objections to the said Final Decree Petition. During the pendency of the Final Decree Proceedings, the petitioners herein filed the instant application I.A.No.1/24 seeking amendment of their statement of objections (written statement). The said application having been opposed by the respondents-plaintiffs, the Trial Court proceeded to pass the impugned order rejecting the application on the ground that the petitioners are unnecessarily protracting the matter since the preliminary decree had attained finality by the judgment of the Apex Court in SLP.No.3766/2016 referred to supra. Aggrieved by the impugned order passed by the Trial Court rejecting the I.A.No.1/24 in FDP No.25015/2017, the petitioners are before this Court by way of the present petition.