EMACULATE CONCEPTION Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) THE petitioner herein is the plaintiff in O. S. No. 2964/94. The suit is filed for declaration that the plaintiff is the owner of the suit schedule property i. e. , Sy. No. 154/11 measuring 7 acres 32 guntas in Doreswamy Palya, Begur Hobli, Bilekanahalli Dhakle, Bangalore South taluk. Further prayer is also made to declare the grant made in favour of defendants No. 1 and 2 i. e. , 2 acres 32 guntas and 5 acres respectively as null and void. The said grant is made by the Government. As such the defendants No. 3 and 4 were subsequently impleaded by amending the cause title to the plaint. The defendants, including defendants No. 3 and 4 filed their written statement. Subsequently, in the pending suit, the defendants No. 3 and 4 filed an application under Order 6, Rule 17 of CPC seeking leave to amend their written statement. The application was registered as LA. No. 8. The plaintiffs filed their objections to the same.

(2.) THE trial Court after considering the rival contentions has allowed the said application by its order dated 24. 1. 2008 and the defendants have carried out the amendment. The plaintiffs however claiming to be aggrieved by the said order dated 24. 1. 2008 are before this Court in this petition. The order is impugned at Annexure-E to the petition.

(3.) HEARD Sri S. P. Shankar, learned Senior Counsel with Ms. Mamata kulkarni, learned Counsel for the petitioner, Sri Padmanabha Mahale, learned Senior Counsel with Sri Mallinath S. Maka for the 2nd respondent and Sri R. B. Venkataramana, learned Government Advocate for respondents No. 3 and 4 and perused the writ papers including the order impugned.