LAWS(KAR)-2015-10-173

M.R. NAGENDRA Vs. R. RAMPRASAD AND ORS.

Decided On October 28, 2015
M.R. Nagendra Appellant
V/S
R. Ramprasad And Ors. Respondents

JUDGEMENT

(1.) HEARD Sri. G.B. Manjunatha, learned counsel appearing for the petitioner and Sri. Sreedhar, appearing on behalf of respondent No. 1. The counsel appearing on behalf of respondent No. 2 before the Court below has been served and unrepresented. Respondent No. 3 is served and unrepresented. Matter is taken up for final disposal by consent.

(2.) SECOND defendant in O.S. No. 6916/2007 being aggrieved by the order of rejection of I.A. No. 10 filed under Order VI Rule 17 of CPC seeking amendment of the written statement, has challenged the order dated 07.07.2014 (Annexure -H).

(3.) PLAINTIFF has filed the suit for specific performance of a contract and to direct the defendants to execute the sale deed in respect of the suit property. During the pendency of the suit, 3rd defendant who is the sister of 2nd defendant has executed a sale deed on 30.10.2010 conveying her 1/3rd undivided share right, title and interest in the suit schedule property. Subsequently, the plaintiff filed an application under Order VI Rule 17 CPC seeking amendment of the plaint to place the said material fact on record. This application having been rejected by the Trial Court, came to be allowed by this Court and accordingly, the amendment has been carried out. To the said amendment brought about by the plaintiff, 2nd defendant has also filed his additional written statement and 3rd defendant filed a memo adopting the additional written statement filed by 2nd defendant.