PURAVANKARA PROJECTS LIMITED Vs. J.SATISH

JUDGEMENT

(1.) IN W.P.No.6703/2016, the petitioner being the defendant in a civil suit in O.S.No.17/2006 for an injunctive decree is invoking the writ jurisdiction of this Court for assailing the order dated 09.12.2015, a copy whereof is at Annexure-A whereby respondent-plaintiff's application filed under Order VI Rule 17 of CPC,1908 for amendment of the plaint has been favoured by the trial Court. After service of notice, the respondents having entered appearance through their counsel, resist the writ petition.

(2.) Learned counsel for the petitioner banking on the decision of the Apex Court in the case of [ Mohinder Kumar Mehra .vs. Roop Rani Mehra 2018(2) SCC 132] submits that the impugned order granting leave to amend the plaint whereby the injunctive suit is now converted into a declaratory suit is liable to be set at naught.

(3.) The learned counsel for the contesting respondent makes submission in justification of the impugned order contending that the petitioner can lay a challenge to the same if and when he suffers a judgment and decree at the hands of the trial Court and therefore there is no reason for indulgence of writ Court at this stage, the prima facie sustainability of the said order notwithstanding.