GENERAL MANAGER Vs. GUNDAPPA

JUDGEMENT

(1.) HEARD the petition on merits and on the Interlocutory application. Sri Ashok.S.Kinagi, learned counsel for the petitioner files an application under Order VI Rule 17 of Code of Civil Procedure, seeking permission to amend the cause title of the memorandum of petition stating that the respondent Nos.4, 5 and 12 died during the pendency of the proceedings before the First Appellate Court and the legal representatives were already brought on record and by oversight their names have not been incorporated in the memorandum of petition. In order to incorporate the names of the legal representatives of respondent Nos.4, 5 and 12 the present application is filed.

(2.) IN the said application, it is also sought to amend the petition at paragraph No.4 of the civil petition, wherein the petitioners have stated that the respondents have also filed cross appeals in all the cases in Cross Appeal Nos.52/2014, 53/2014, 54/2014, 55/2014, 56/2014, 57/2014, 58/2014, 59/2014, 60/2014, 61/2014, 62/2014, 63/2014, 64/2014, which are pending before the First Appellate Court and at paragraph No.6 in the 7th line, further amendment was sought to incorporate the numbers of the Miscellaneous First Appeals and Cross Appeals. Consequently, at 3rd line of the prayer column sought to be amended by incorporating the Cross Appeals, which are pending before the First Appellate Court. It is contended by the learned counsel that in order to adjudicate all the cases properly with reference to the rights of all the parties involved, all the case and the Cross Appeals, have to be transferred to this Court, where the other appeals are pending.

(3.) SRI R.S.Siddhapurkar, learned counsel for the respondents undertakes to file vakalath for LR's of respondent Nos.4, 5 and 12 and he submits that he has absolutely no objections to allow the application in view of the amendment brought out by the petitioner for bringing all the Appeals and Cross Appeals filed by the respondents before the First Appellate Court which are on the file of the II Addl. District Judge, Raichur.