RANI Vs. VINOD KUMAR AND OTHERS

JUDGEMENT

(1.) The defendant No. 4 filed the present writ petition against the order dated 31.08.2017 made in O.S. No. 8853/2005 on the file of the I Addl. City Civil and Sessions Judge (CCH-2), Bengaluru, allowing I.A.No.19 filed by the plaintiffs under Order VI, Rule 17 r/w Section 151 of Code of Civil Procedure.

(2.) The respondents 1 to 3 herein filed suit for declaration, partition and permanent injunction in respect of suit schedule properties contending that the sale deed dated 20.07.1998 is not binding on the plaintiffs and they are entitled to share and for permanent injunction restraining the defendants from entering upon or in any way interfering with the peaceful possession and enjoyment of the suit schedule properties. The same was disputed by the defendants by filing written statement. The defendants denied the plaint averments and set up their independent right in respect of the property obtained under registered sale deed dated 20.07.1998.

(3.) After completion of evidence, when the matter was posted for arguments, at that stage, plaintiffs filed I.A.No.19 under Order VI, Rule 17 of Code of Civil Procedure seeking permission to strike out para-14 of the plaint starting from line No. 6 beginning with the word "added" till end of the same and also other paras wherever they have claimed 3/5th share and to replace the same by the following sentence, i.e., "The plaintiffs filed the above suit for a partition and declaration that they are entitled for 3/5th share in the suit schedule property and after filing of the case, on 25.06.2009 partition was effected by a registered document and they have got their respective shares out of the suit schedule properties". The plaintiffs also sought to delete prayer No. (a) in the prayer column. The application was opposed by the defendants by filing objections.