GOVINDAPPA Vs. ALWYN M.M. MEDINA

JUDGEMENT

(1.) This is plaintiffs writ petition calling in question order dated 25-2-2017 passed by the Principal Civil Judge, Bangalore Rural District, Bangalore in O.S. No. 843 of 2004 - Annexure-L dismissing the application - I.A. No. 5 for amendment of the plaint filed by plaintiff.

(2.) Petitioner herein instituted a suit in O.S. No. 843 of 2004 against defendant for the relief of permanent injunction in respect of suit schedule property which is described as land bearing Sy. No. 139/1E measuring 1 acre 7 guntas which is more fully described in the schedule.

(3.) On service of suit summons, defendant appeared and filed his written statement apart from contending that suit property and the adjacent property bearing No. 142/1A4 was purchased by the defendant's mother under a registered sale deed dated 9-11-1972. It was also contended that plaintiff is busy body in the village and has no manner of right, title or interest in respect of suit schedule property and plaintiff along with other illegal elements of the society, is forcibly trying to grab land belonging to others. It was also contended that on account of certain documents having been created, revenue appeals had been filed by defendant before revenue authorities and in a writ petition filed by defendant before this Court, this Court is stated to have recorded a finding that order passed in LRF No. 3429/75-76 relied upon by plaintiff is a bogus document. It is also contended by defendant that writ appeal came to be dismissed and on account of Court records having been tampered, suo motu contempt proceedings were initiated against plaintiff and he was sentenced to undergo one day imprisonment for tampering of Court records, apart from relying upon various documents and denying claim of the plaintiff to the suit property.