K.SUBBALAKSHMI Vs. K.PRAKASH

JUDGEMENT

(1.) Defendants 4, 5, 6, 7 and 8 in a suit in O.S.No.6041/2013 pending consideration on the file of the City Civil Judge, Bengaluru, filed by the respondent No.1 herein, for relief of partition and separate possession, are before this Court, being aggrieved by the order dtd. 24/6/2017 by which an application (I.A.No.III) filed by the plaintiff under Order VI Rule 17 of CPC, to include property bearing Plot No.43-P situated at Kadakola Industrial Area, Kadakola Village, Jayapura Hobli, Mysore Taluk, measuring 8089 Sq.Mtrs as Item No.35 of the plaint schedule properties, has been allowed.

(2.) The said application is produced at Annexure-F. The affidavit accompanying the said application would reveal that the plaintiff has specifically contended that the aforesaid property is a joint family property allotted by the KIADB, Mysore, in the name of M/s.AVS Agro Industries, Holenarasipura, which is a family concern, consisting of the family members of the plaintiff and that due to inadvertence, the said property was left out, at the time of filing of the suit. Objection statement to the said application was filed by defendant No.7 contending that the said property does not form part of joint family property of the family inasmuch as the KIADB, Mysore, had allotted the said property exclusively in the name of Partnership firm, and the plaintiff has no share, right, title and interest in the said property. The Trial Court by impugned order allowed the application by holding that objections/grounds urged by the parties with regard to the said property would be considered at the time of trial and not at the time of consideration of application for amendment to include the said property. It is this order, which is called in question.

(3.) Heard the learned counsel for both the parties and perused the writ petition papers.