RAMANAND Vs. HANUMANTHARAYAPPA

JUDGEMENT

(1.) The present writ petition is filed by the legal representatives of the deceased defendant No.1 calling in question the order dtd. 20/2/2019, passed by the IV Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru(Hereinafter referred to as the 'Trial Court') on I.A. dtd. 28/11/2018 filed under Order VI Rule 17 r/w Sec. 151 of Code of Civil Procedure, 1908(Hereinafter referred to as the 'CPC') in O.S. No.2833/2005 wherein, the application for amendment filed by the plaintiffs has been allowed.

(2.) The factual matrix in a nutshell leading to the present writ petition are that the predecessor of respondent Nos.1 to 73 filed a suit in O.S. No.2833/2005 for partition and separate possession. The original plaintiff and defendant No.1 were the sons of one Veerahanumaiah and the 2nd defendant in the suit was the wife of Veerahanumaiah. The original plaintiff and defendant No.1 i.e., Veerahanumaiah had four other siblings, they being the sons of one Siddappa. The suit for partition was contested by defendant No.1 by filing written statement. The defendant No.2 also filed a separate Written Statement. The Trial Court framed five issues. The plaintiffs filed I.A.1 on 28/11/2018 under Order VI Rule 17 r/w 151 of CPC seeking to insert para Nos.12 to 17 in the plaint and also seeking to amend the schedule by inserting schedule item Nos.3 to 12 to the plaint. The said application was objected to by the legal representatives of the deceased -defendant No.1. The Trial Court vide its order dtd. 20/2/2019, allowed the said application. Being aggrieved, the writ petition writ petition is filed.

(3.) Heard the submissions of learned counsel Sri G. Bhargav for the petitioners and learned counsel Smt. P.V. Kalpana for respondent Nos.1 to 4.