GOWRAMMA Vs. MUNIYAPPA

JUDGEMENT

(1.) Petitioners are before this Court challenging the order dated 2-7-2018 passed on the I.A in O.S.No.99/2005 on the file of the Additional Civil Judge and JMFC, Hosakote.

(2.) Petitioners are the plaintiffs and respondents are defendants in O.S.No.99/2005 filed for declaration that the plaintiffs are entitled to 1/7th share each in the schedule properties and for possession; that the alienations made by defendant No.1 are not binding on the share of the plaintiffs and for a decree of permanent injunction restraining the defendants from the schedule properties till the final decree is drawn. Defendants No.10 and 11 filed their written statement on 22-12-2005, whereas the other defendants filed their written statement on 3-7-2009. Parties lead their evidence and the matter was posted for arguments of the defendants. At that stage, the plaintiffs filed an application under Order VI Rule 17 of CPC to amend the plaint to include certain facts and also seeking prayer for declaration of the sale deeds executed in the years 1980, 1989, 1994, 1995, 2004 and 2005. The said application was resisted by the defendants by filing objections. It is stated in their objections that defendants had filed written statement long ago and the plaintiffs were not diligent in prosecuting the suit. Further it is stated that no satisfactory explanation is forthcoming for seeking amendment. The trial Court, by its order dated 02-07-2018 rejected the application filed by the plaintiffs under Order VI Rule 17 of CPC, which is impugned in the present writ petition.

(3.) Heard the learned counsel for the petitioners as well as the respondents and perused the writ papers.