ASWATHAMMA Vs. NAGAMMA

JUDGEMENT

(1.) Petitioners are before this Court under Article 227 of the Constitution of India, being aggrieved by the order dated 15.04.2014 passed on the I.A. filed under Order VI Rule 17 of CPC to amend the written statement in O.S.No.124/2009 on the file of the Principal Civil Judge and JMFC, Madhugiri.

(2.) Petitioners are defendants and respondents are plaintiffs in O.S.No.124/2009 filed for declaring that the plaintiffs are owners and in lawful possession of the suit land and for consequential relief of permanent injunction. On appearance, the defendants filed written statement contending that the boundaries and measurement shown by the plaintiffs is not correct. It is also contended that the plaintiffs have included 1 gunta of kharab land and shown the boundaries to the suit schedule property. The parties went into trial and when the matter stood at the stage of defendants' evidence, the petitioners/defendants filed application under Order VI Rule 17 of CPC to amend the written statement to include the averment which reads as follows:

(3.) Heard the learned counsel for the petitioners and the learned counsel for the respondents. Perused the writ papers.