RAMANAIKA Vs. RADHAMANI. G.

JUDGEMENT

(1.) The petitioners are before this Court under Article 227 of Constitution of India assailing the order dated 06.06.2014 by which I.A. No.14 filed under Order 6, Rule 17 read with section 151 of CPC is rejected in O.S.21/2005 on the file of Civil Judge and JMFC, Yelandur, Chamarajanagar District.

(2.) The petitioners are plaintiffs and respondent is defendant No. 2 in O.S.No.21/2005 filed for permanent injunction and for declaration that the sale deed dated 03.06.2005 is void ab initio. It is the averment in the plaint that the plaintiffs-father was a tenant in respect of the suit schedule property. After the death of the plaintiffs-father, plaintiffs continued as tenants to the suit schedule property. On appearance of the defendants, the defendant No. 2 filed written statement and also counterclaim to declare that the 2nd defendant is the absolute owner in possession and enjoyment of the northern portion of 121/2 guntas of land out of the total extent of suit schedule property, on the basis of registered sale deed dated 03.06.2005. The petitioner No. 4 who is the LR of Ramanaika filed his affidavit evidence and marked documents on their behalf. At that stage, petitioners/plaintiffs filed application under Order 6, Rule 17 read with section 151 of CPC to amend his written statement filed to counterclaim filed by the 2nd defendant, to contend that it is within the knowledge of 2nd defendant that the plaintiff is in adverse possession of the suit schedule property and he has perfected his title by adverse possession. The said application was opposed by 2nd defendant by filing objections. The trial Court by impugned order rejected the application filed by the petitioners/plaintiffs under Order 6, Rule 17, CPC to amend the written statement filed to counter claim of 2nd defendant, which order is impugned in this writ petition.

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