KASTURIBAI Vs. SUBHAS AND ORS.

JUDGEMENT

(1.) The above writ petition is filed by the petitioner who is 1st defendant in O.S.45/2011 challenging the order dated 7.1.2015 passed on I.A.10, rejecting his application filed under Order 6 Rule 17 read with Section 151 of Code of Civil Procedure, for amendment of the Written Statement.

(2.) The 1st respondent who is the plaintiff filed O.S.No.45/2011 for declaration that defendants 3 and 4 are the owners of the suit schedule properties by virtue of being the heirs of the deceased Siddappa Ramappa Sataraddi and Smt.Sushilawwa W/o Siddappa Sataraddi, and for perpetual injunction to restrain defendants 1 and 2 from interfering with peaceful possession and enjoyment of suit schedule properties by plaintiff and defendants 3 and 4. It is contended that plaintiff is the brother of the 4th defendant and 3rd defendant is mother of the plaintiff and defendant-4 and he has produced genealogy in para-2 of the plaint, which reads as under:

(3.) As against the said order, the present writ petition is filed.