Karnataka High Court
Shri. Vishnu Mahadev Chougale vs Shri. Krishna Mahadev Chougale on 26 March, 2013
Author: Dilip B.Bhosale
Bench: Dilip B. Bhosale
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH, AT DHARWAD
DATED THIS THE 26TH DAY OF MARCH 2013
BEFORE
THE HON'BLE MR.JUSTICE DILIP B. BHOSALE
WRIT PETITION No.75542/2013 (GM-CPC)
BETWEEN:
SHRI.VISHNU MAHADEV CHOUGALE,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O MATTIVADE-591 225.
TALUKA: HUKERI, DIST: BELGAUM.
... PETITIONER
(BY SRI.M.G.NAGANURI, ADV.)
AND
SHRI. KRISHNA MAHADEV CHOUGALE
SINCE DECEASED BY HIS LR
1. SMT.SHANTABAI W/O KRISHNA CHOUGALE,
AGE: 80 YEARS, OCC: HOUSEHOLD,
R/O HAMIDWAD - 416 216,
TALUKA KAGAL, DIST: KOLHAPUR,
MAHARASHTRA STATE.
2. SHRI. SAKHARAM MAHADEV CHOUGALE,
AGE: 60 YEARS, OCC: PENSIONER,
R/O MATTIVADE-591 225.
TALUKA: HUKERI, DIST: BELGAUM.
3. SMT.BAYAKKA W/O CHANNAPPA MANDEKAR,
AGE: 80 YEARS, OCC: AGRICULTURE,
R/O MATTIVADE-591 225.
TALUKA: HUKERI, DIST: BELGAUM.
2
4. SMT.RAKAMABAI W/O BAPU GHOTANE,
AGE: 73 YEARS, OCC: HOUSEHOLD,
R/O MATTIVADE-591 225.
TALUKA: HUKERI, DIST: BELGAUM.
5. SMT.SHANTABAI W/O BABU GHOTANE,
AGE: 69 YEARS, OCC: HOUSEHOLD,
R/O MATTIVADE-591 225.
TALUKA: HUKERI, DIST: BELGAUM.
6. SMT.RADHABAI W/O SHIVAJI LOKHAMALE,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O MADALAGE - 416 505,
TALUKA: AJRA, DIST: KOLHAPUR,
MAHARASHTRA STATE.
7. SHRI.LAXMAN GANAPATI BELEKAR,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O MAMADAPUR K.K. - 591 233,
TALUKA: CHIKODI, DIST: BELGAUM.
8. SHRI.PRADEEP MARUTI PAWAR,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O MATTIVADE-591 225.
TALUKA: HUKERI, DIST: BELGAUM.
9. SHRI.AVINASH MARUTI PAWAR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O MATTIVADE-591 225.
TALUKA: HUKERI, DIST: BELGAUM.
10. SHRI.KIRAN MARUTI PAWAR,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O MATTIVADE-591 225.
TALUKA: HUKERI, DIST: BELGAUM.
11. SHRI.BALASAHEB GANAPATI BELEKAR,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O MAMADAPUR K.K.-591 233,
TALUKA : CHIKODI, DIST: BELGAUM.
... RESPONDENTS
(BY SRI.SACHIN S.MAGADUM ADV. FOR R7, R2-R4, R6-R11 SERVED) 3 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.01.2013 PASSED BY THE SENIOR CIVIL JUDGE, HUKKERI IN O.S.NO.83/2003 ON I.A.NO.29, PRODUCED AT ANNEXURE-H AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
PC :
Heard learned counsel for the parties.
2. By this writ petition, the petitioner seeks to challenge the order dated 08.01.2013 passed by the Court below on an application bearing I.A.No.29 in O.S.No.83/2003.
By this application the petitioner sought to amend the prayer clause in the suit. The suit is for partition and separate possession of the ancestral joint family properties. It appears that, during pendency of the suit, certain properties were sold by defendant Nos.1 to 3 to defendant Nos.7 to 11 under two sale deeds. In view thereof, the plaintiff with the permission of the Court added defendant Nos.7 to 11 as party to the suit. Petitioner claims, through oversight he did not amend the prayer clause and pleadings. By way of amendment the petitioner intends to introduce the prayer that the sale deeds executed during the pendency of the suit in favour of 4 respondent Nos.7 to 11 are not binding on him and to add consequential pleadings.
3. Learned counsel appearing for the petitioners submits that the plaintiff does not intend to lead any further evidence insofar as this amendment is concerned. His statement is recorded as acceptance. In view thereof and having considered nature of the suit and the prayer which petitioner intends to introduce, I am inclined to allow this writ petition. Hence the following order:
4. The application I.A.No.29 is allowed. Petitioner to carryout amendment of the plaint within a period of two weeks from today. It is open for the defendants to file additional written statement, if they so desired, within a period of two weeks therefrom.
5. This Court is informed that the suit has reached the stage of hearing of final arguments. In view thereof, the trial Court shall endeavour to dispose of the suit expeditiously.
Sd/-
JUDGE MBS/-