GIRIYAPPA Vs. CHANABASAPPA

JUDGEMENT

(1.) The petitioner is before this Court under Article 227 of the Constitution of India, praying to set aside the order dated 05.01.2019 passed on IA in O.S.No.92/2010 on the file of the Civil Judge & JMFC, Kalaghatagi.

(2.) The petitioner is defendant No.2 and respondent No.1 is plaintiff and respondent Nos.2 to 4 are co-defendants in O.S.No.92/2010 filed for partition and separate possession of suit scheduled properties. The defendant No.1 filed written statement which was adopted by defendant No.2-petitioner herein. In the written statement, it is contended that they are agreeable for partition of suit scheduled properties. The parties went into trial and after completion of evidence the matter was posted for arguments. At that stage, the petitioner defendant No.2 filed present application under Order 6 Rule 17 of CPC seeking amendment of written statement to the following effect;

(3.) In sum and substance, the petitioner intends to amend the written statement so as to contend that the properties bearing R.S.No.94/1 measuring 1 acre 8 guntas, R.S.No.94/3 measuring 2 acres 16 guntas and R.S.No.94/4 measuring 1 acre 16 guntas, are not available for partition since they are relinquished in favour of defendant No.2 petitioner herein. Since then, he is alone owner of the said properties. In the affidavit in support of the application, it is stated that, at the time of filing written statement, the petitioner could not explain the source of property. Hence, he is seeking amendment. The said amendment application was opposed by filing objection stating that the proposed amendment would cause injustice to the plaintiffs and other defendants. It is further stated that the amendment application is filed to grab the property by defendant Nos.1 and 2.