PEBBLE BAY OWNERS ASSOCIATION Vs. SUNIL KUMAR NAHAR

JUDGEMENT

(1.) This petition by the defendant in O.S.No.4567/2023 is directed against the impugned order dtd. 16/9/2025 passed by the X Additional City Civil and Sessions Judge, Bengaluru (CCH- 26) (for short "the Trial Court"), whereby the application, I.A.No.6 filed by the respondents-plaintiffs under Order VI Rule 17 CPC for permission to amend the plaint and for incorporating additional pleadings and prayers was allowed by the Trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) A perusal of the material on record will indicate that the respondents-plaintiffs instituted the aforesaid suit against the petitioner-defendant for permanent injunction and other reliefs in relation to the suit schedule immovable properties. The said suit having been contested by the petitioner-defendant, the matter was posted for plaintiffs' evidence, prior to commencement of which the respondents-plaintiffs filed the instant application under Order VI Rule 17 CPC, seeking amendment of plaint by incorporating/adding additional prayers together with corresponding pleadings in this regard. The said application was opposed by the petitioner- defendant on various grounds including contending that the proposed amendment was barred by limitation. By the impugned order, the Trial Court proceeded to allow the amendment application, aggrieved by which the petitioner is before this Court by way of the present petition.