SRI. RAVISHANKAR, AGED ABOUT 53 (NOW 59) YEARS, S/O LATE M.P. MALLAPPA, SHEFISTEDAR, COURT OF SMALL CAUSES, CITY CIVIL COURT COMPLEX, K.G. RAOD, BENGALURU Vs. SMT. JAYAMMA, AGED ABOUT 62 (NOW 68) YEARS, W/O LATE PATEL CHIKKAVEERANNAGOWDA, RESIDING AT MADAPURA VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARAM DISTRICT, (PREVIOUSLY BENGALURU RURAL DISTRICT), PIN

JUDGEMENT

(1.) Petitioner is Respondent No.4 in FDP No. 12/2010. That proceeding is pending on the file of the Principal Civil Judge and JMFC, Channapatna. The final decree proceedings arises out of the judgment and decree passed in O.S. No.72/1982. In fact, the decree of the trial Court has been affirmed by the Honourable Supreme Court.

(2.) Learned counsel for the petitioner submits that a part of the decree has also been given effect to and all that remains was for calculation of the mesne profits. It is in that regard that the plaintiff filed FDP No. 12/2010 before the trial Court. In response to the petition filed by the first respondent plaintiff, the petitioner herein filed his statement of objections. Thereafter, an application was filed under Order 6, Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 (CPC) seeking amendment of the statement of objections so as to incorporate certain facts which, according to the petitioner herein, came to light subsequently and so as to establish that the respondent plaintiff in fact had no right, title and interest in the property so as to seek relief in the suit. The trial Court by the impugned order dated 13.12016 has dismissed that application. The aggrieved, this writ petition has been preferred.

(3.) I have heard learned counsel for the petitioner and perused the material on record.