VIJAYAKUMARI Vs. GANGAMMA AND ORS.

JUDGEMENT

(1.) SINCE both these petitions have arisen out of orders dated 8.12.2014 and 5.12.2014 passed in OS No. 7776/2008 on IA No. 4 filed under Order VI Rule 17 and on IA No. 3 filed under Order I Rule 10(2) read with Section 151 of CPC respectively, they are taken up together for common disposal.

(2.) I have heard the matter in detail with the consent of both the counsels and the matter is taken up for final hearing. The petitioner in both the cases is the sole plaintiff in OS No. 7776/2008.

(3.) INITIALLY , five items of immovable properties had been included in the suit filed for partition and separate partition. During the pendency of the said suit, an application came to be filed under Order VI Rule 17 of CPC, requesting the court to include one more item as item No. 6 in the schedule appended to the plaint, by the plaintiff. This was objected to by the Respondent No. 2 by filing a detailed objection. Thereafter, the said application was dismissed after contest, as against which, a Writ Petition was filed before this Court in Writ Petition No. 48418/2013 (GM -CPC) and the said Writ Petition was allowed on 22.11.2013 by setting aside the order rejecting the application filed under Order VI Rule 17 read with Section 151 of CPC and permit her to amend the plaint to bring item No. 6 as one of the item in the schedule appended to the plaint.