Karnataka High Court
N Sharadha W/O D Ramaswamaiah vs Sri N R Sridhar S/O N Ramaswamy on 28 March, 2012
HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH | IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 28™ DAY OF MARCH 212 . BEFORE oe THE HON'BLE MRJUSTICE A.S. PACHHAPURE. | WP NO 2260/2012 (GWECPC) ™. NS BETWEEN: NSHARADHA W/O. D. RAMASWAMAIAH, AGED ABOUT 61 YEARS, R/O RAGHAVENDRASWAMY MUTT ROAD, KOTE TIPTUR TOWN TUMKUR DISTRICT, REPRESENTED BY HER P.A. HOLDER SRI RAMASWAIMAIAH SON OF AGED ABOUT 62 YEARS, RETIRED REVENUE OFFICIAL R/O RAGHVENDRASWAMY MUTT ROAD KOTE, TIPTUR TOWN -- TUMKUR DISTRICT. .. PETITIONER _ {BY SRL. M.V MAHESWARAPPA, ADVOCATE] AED - §RIN.R. SRIDHAR S/O N. RAMASWAMY, AGED ABOUT 49 YEARS, _QND DIVISION CLERK, SARVODAYA PUC COLLEGE, 'NPTUR, TUMKUR DISTRICT. ». RESPONDENT
HIGH COURT OF KARNATAKA HIGH CCURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH ¢ THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON IA NO. li FILED U/O VI RULE 17 OF CPC IN OS 279/08 BY THE: PRL. CIVIL JUDGE & JMFC TIPTUR DATED. 14.12. 201i. VIDE ANNEXURE-E. =~ ee THE WRIT PETITION COMING O8 FOR.
PRELIMINARY HEARING THIS DAY, THE "COURT MADE -- THE FOLLOWING:
The petitioner i institated the suit seeking relief of injunction restraining the seepondents from closing C, D, E & F portion as 'shown in the rough sketch and other ancillary relict.
a 2. ; As could be seen from the averments in the paint, the copy of the plaint is produced at Annexure B. The petitioner ig said to be the absolute owner in possesion and enjoyment of the house bearing Khatha
- * No.302/ 245, measuring 24 ft x 45 ft., situated at Kote, my, - "Tiptur Town and he claims to be in possession of the property on the basis of the relinquishment Deed dated 25.08.1999, It is also averred that the C, D, E & F Va IGH COURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COt portion shown in the rough sketch is left for entry of air, light etc., to the house of the petitioner. /
3. When the matter was est dawn for evidence --
after filing of the written statement by the respondents, the petitioner filed an application under the provision of Order 6 Rule 17, rf Sections 151 of CRO seeking an amendment to the plaint with a request to incorporate Para-Ha) to 3 i) and also seeking the amendment of the prayer column. The seid application was rejected by the Trial Court onder the impugned Order.
4. 7 The Learned counsel for the petitioner would eizimit that i it case if he was permitted to produce the : 'compromise decree in O.S, No.991/1937-38 and other ; "relevant documents on the file of the Municiff Court at m Tumkur, which ended in a compromise, that would mes suffice his requirement. As submitted by the learned counsel for the petitioner, the evidence of the plaintiff | has commenced and the chief-examination is yet to complete. In these circumstances, I do not find any difficulty for the petitioner to seek permission by the % #8 ; € 7 o :
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