Karnataka High Court
Sri M A Gunashekar vs Smt Muthamma on 17 March, 2014
Author: Mohan .M.Shantanagoudar
Bench: Mohan .M. Shantanagoudar
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17th DAY OF MARCH 2014
BEFORE
THE HON'BLE MR. JUSTICE MOHAN .M. SHANTANAGOUDAR
Writ Petition No.55161/2013(GM-CPC)
BETWEEN:
SRI M.A. GUNASHEKAR
S/O SRI ANNAMALAI
AGED ABOUT 52 YEARS
R/A NO.1/1, KEMPANNA GARDEN
DODDIGUTNA, COX TOWN
BANGALORE-560005
..Petitioner
(By Sri T.N. Vishwanath, Adv., )
AND :
1. SMT. MUTHAMMA
W/O LATE L MUNIYELLAPPA
AGED ABOUT 57 YEARS
R/A POLICE LINGAMMA COMPOUND
NEAR ARCHANA PROVISION STREET
2ND MAIN, IMDEHALLI
BANGALORE-560066
2. SRI M. SRINIVASA
S/O LATE L MUNIYELLAPPA
AGED ABOUT 40 YEARS
R/A POLCIE LINGAMMA COMPOUND
NEAR ARCHANA PROVISION STREET
2
2ND MAIN, IMDEHALLI
BANGALORE-560066
3. SRI M. VEDAVATHY
D/O LATE L. MUNIYELLAPPA
AGED ABOUT 34 YEARS
R/A POLICE LINGAMMA COMPOUND
NEAR ARCHANA PROVISION STREET
2ND MAIN, IMDEHALLI
BANGALORE-560066
4. SMT . M. MANJULA
D/O LATE L MUNIYELLAPPA
AGED ABOUT 32 YEARS
R/A POLICE LINGAMMA COMPOUND
NEAR ARCHANA PROVISION STREET
2ND MAIN, IMDEHALLI
BANGALORE-560066
5. SMT. M. SUMADEVI
D/O LATE L MUNIYELLAPPA
AGED ABOUT 30 YEARS
R/A POLICE LINGAMMA COMPOUND
NEAR ARCHANA PROVISION STREET
2ND MAIN, IMDEHALLI
BANGALORE-560066
6. SRI. A. RAMDAS
S/O LATE LINGAPPA @ ANNAIAPPA
AGED ABOUT 77 YEARS
R/A NO.1, PSK NAIDU ROAD
KEMPANNA GARDEN
COX TOWN, DODDIGUNTE
BANGALORE-560005
7. SMT. MUNIYAMMA
W/O SRI A RAMDAS
AGED ABOUT 72 YEARS
R/A NO.1, PSK NAIDU ROAD
KEMPANNA GARDEN
3
COX TOWN, DODDIGUNTE
BANGALORE-560005
8. SRI KANTHARAJ
S/O SRI A RAMDAS
AGED ABOUT 49 YEARS
R/A NO.1, PSK NAIDU ROAD
KEMPANNA GARDEN
COX TOWN, DODDIGUNTE
BANGALORE-560005
9. SMT. VARALAKSHMI
D/O SRI A RAMDAS
AGED ABOUT 37 YEARS
R/A NO.1, PSK NAIDU ROAD
KEMPANNA GARDEN
COX TOWN, DODDIGUNTE
BANGALORE-560005
10. SMT. NEELAVATHI
D/O SRI. A. RAMDAS
AGED ABOUT 36 YEARS
R/A NO.1, PSK NAIDU ROAD
KEMPANNA GARDEN
COX TOWN, DODDIGUNTE
BANGALORE-560005
11. SRI. A. SHANKAR
S/O ANNAMALAI
AGED ABOUT 36 YEARS
R/A NO.11, G MUNIYAPPA
GARDEN, PSK NAIDU ROAD
DODDIGUNTE, COX TOWN
BANGALORE-560004
..Respondents
(By, Sri Vittala Shetty P., Adv., for R-1-5;
Notice to R-6 to R-11 dispensed with)
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This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to quash the impugned
Order dated 24.6.2013 passed on I.A. No. 22 in O.S. No.
5832/2004 on the file of the XLII Addl. City Civil & Sessions
Judge, Bangalore vide Annexure-E, etc..
This Writ Petition coming on for preliminary hearing,
this day, the Court made the following :
ORDER
By the impugned order, the Court below has rejected the application for amendment of the written statement.
2. The petitioner herein is defendant NO.6 in the suit filed by Respondent Nos.1 to 4 herein. Both the sides have addressed their evidence and the matter is posted for final arguments. At that stage, I.A. No.22 is filed for amendment of the written statement, which is rightly rejected by the Court below.
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3. The petitioner wants to add 14 more paragraphs in the written statement at the fag end of the trial. He wants to make a new case altogether and wants to overcome the earlier pleadings made by him. In view of the same, the trial Court has rightly rejected the application for amendment. Hence no interference is called for.
Petition fails and the same stands dismissed.
Sd/-
JUDGE Gss/-