P. ANJINAYALU Vs. NAGIREDDY AND ORS.

JUDGEMENT

(1.) Aggrieved by the order dated 18/8/2015 passed by the Additional Civil Judge and J.M.F.C. Ballari, whereby the learned Civil Judge has dismissed the petitioner's application under Order 6 Rule 17 r/w Sec. 151 CPC for amending his written statement, the petitioner has approached this Court.

(2.) Shortly the facts of the case are that the plaintiff -respondent No. 1, Mr. Nagi Reddy had filed a suit for declaration and possession against the petitioner. In the suit, the plaintiff respondent claimed that on 31/3/1995, the suit property was purchased by his father, Pothappa, from one Kuppa Sanna Veeranna Shetty. His father's name was entered in the records of right. Subsequently, on 7/8/2000, there was registered partition deed between the plaintiff and his mother. The said suit property fell in his share. Subsequently, even mutation was effected in his name. He further claims that prior to fling of the present civil suit, he had filed another civil suit, namely O.S. No. 320/2002 against the present petitioner, seeking the relief of injunction. Moreover, even the present petitioner had also filed a civil suit against the plaintiff -respondent for permanent injunction namely, O.S. No. 560/2001. Since the petitioner's civil suit was dismissed against the plaintiff -respondent he had filed a regular appeal.

(3.) The petitioner as the defendant No. 1 filed his written statement and claims that he has the legal right title and interest in the suit property. He further claims that he has bought the suit property by registered sale deed. Therefore, he claims that the civil suit would be dismissed.