High Court Karnataka High Court

Sri Bangli Nagappa S/O Bangli … vs G Venkatkrishna Rao S/O Kotaya on 25 March, 2009

Karnataka High Court
Sri Bangli Nagappa S/O Bangli … vs G Venkatkrishna Rao S/O Kotaya on 25 March, 2009
Author: Ajit J Gunjal
 _ ANDS; 'V

: I :
EN THE HIGH COURT OF KARNATAKA

CERCUIT BENCH AT DHARWAD
DATED THIS THE 2593 DAY OF MARCH, 2009

BEFORE

THE HONBLE MRJUSTICE AJIT J.GUN..}AL V f   °" *

wan' PETITION Nos.60691 85 6Q692_f200§(GM;CPé)  
A/W MISC.W.606 49/2009;  .:  _ 

BETWEEN:

SR1 BANGLI NAGAPPA
S/0 BANGLI LINGAPPA
AGED ABOUT 30 ¥EAR$,~~ 

occ: A<§RECuLTUR'1¢sT,    "
R10 15% WAR1'),_~vSADASHIVANAGA
SIRUGUPPA, BVELLA:'R,YVDIS'T_R"1'C'I' 583 121.
v     ...PE'I'I'I'IONER
(BY SR1. GQDE,NA'GA1?AJ,A»Dv.)

 :'G;.X};EN_f§i§I'i§RI«SHNA RAG,
 % S;fO"KAOTAYYA,_AGED ABOUT 58 YEARS,
"'R;'*0_ SAflASI~Ii'iAN'GAR, ADHONI ROAD, (APPLICANT iN

s1RtIGUPPA;BELLARY DSIT. 533 121. :vs:sc.w.60649/09)
  ~ _  ...R'ESPONDEN'I'
(BY S.M'1',LA'I'HA JADHAV, ABV FOR M/S RAVI VARMAKUMAR

 -  "-A/S, ADVS.)

 '~.'I'HIS PETITION iS FILED UNDER ARTICLES 226 Abff.) 22'?

_ -Q'?-THE c0Nm*I'U'1*1oN or iNDIA PRAYENG TO QUASI-E THE
  IMPUGNED ORDERS ET, 11/09/2808 on I.ANO.1O PASSED BY
 __*1f§-I2 CIVIL J"U[)GE(JR.DN) AND JMFC SIRUGUPPA VIBE)
 ANNEXURE-P' AND ORDER on ER. M111 EDATED 6/1/99 PASSED

BY' THE (EVIL JUDC:E{JR.DN) AND JMFC, SERUGUPPA IN



: 2 :
O.S.NO.8/O'? VIBE ANN~J ARE) DISMISS THE I.ANO.10 AND 11
FILED BY THE RESPONDENT AND ETC.

THIS N£ISC.W. Is FILED UNDER SECTION 151 QECPC
PRATIIING To VACATE THE INTERIM ORDER OB’I’AiuNE_Ds.ON
o3/02/2009 AND DISMISS THE ABOVE WRIT I=ET1TI€)Ns_”I.IrITII
EXEMPLARY cosrs EN THE INTEREST OF’ JL:~sTIQE__i’A.IqI;I
EQUITY. ~

THIS PETITION AND MISQW. coMINo;oN”I%os”‘oR’oEss”” V
THIS DAY,’1’HE coum’ MABE THE RQLLOIIIIINQI .; _ 4. =

oRDERgo
Even though these
with consent, it is tak’s{1_ up”d._ispossI1;

. –. ‘ is the petitioner. A suit is filed
by against the respondent

refiéf _____poImanent injuxxction. When the

‘ down for trial, an application is filed by

Iisié1j;déTIiit~1’espondent to amend the written

In fact two applications were filed one for

A if smsndment of the written statement and another

‘application for framing additional issue. Objections

W316 called for and filed by the plaixltifi’-petitioner. The

lsamed trial Judge having regard to the scope of the fl

l periiaissible.

application and also the proposed
allowed the application and also …tl1e foru V’ ‘ .
framing additional issue. ”

questioned in this writ

3. Mr. Gode appearing
for the ‘the applications
are filed aria} inasmuch as after
the was over. He
oommenced, the question of

” ‘.a1iio1idi’11ent to the pleadings is not

‘#2

Latha Jadhav, learned counsel

for the defendanbrespondent submits that

ii amendment is only to amplify What has been

” – stated in the Written statement inasmuch as they elaim

that they are in possession. She further su’0n:1it

:4:

pursuant to the said amendment, no

caused to the plaintifilpetitioner,

5. I have perused» T palssedw L’

by the learned trial Jutlge the epbficatiens.

6. amendment is
concemecfi azinendment is to the
effect of the suit property. It
is I}0 ‘€i(‘)’1.’tbt Ieggpficafions were filed by the

piai;1tif’f–‘petitione-r Wei} as the defendant~respondent

f0i5.:””:ix1jL1netion.x” “”‘i”””n’e learned trial Judge, it appears,

»~§hev};:pp1ieation of the p1aintifi’-petitiener and

‘ application of the defendanbrespondent.

x’I’The orders are confirmed in appeal. The fact that

V-.,V1:hei?applioation of the defendanbrespondent is rejected

t not necessarily preclude them from makting an

application for amendment of the written statement

seeking that they are in possession of the prom

:5:

The learned trial Judge has found that theidsaid

amendment is only to amplify what has

the pleadings. It is not a case where…

made in the written state11:Lent:.,.is;, ‘V

withdrawn tlms putting ease.oi”

jeopardy. Insofar as the dtzotitention Gode
Nagaraj, learned counsel’ forpetitioner that when

once trail has V,A’v-eornmeneed} ‘ianoendment is

imperniissilgjrg, that in the application

itseif, the has stated the reason

for not ii1o’er1_jora’f’rj.n’g the said averment. Indeed in the

‘ V’ striet sense, it is””not an application for amendment of

fine” but only to amplify what has been

staif.ed..~ in my View the proviso to Order Vi Rule

of v.t.iie Code of Civil Procedure is clearly attracted.

that is also the View of the Apex Court in the

of AJENDRAPRASADJI N. PANDE we ANOTHER

V SWAMI KESPZAVPRAKESHDASJI N. AND OTHERS

reported in {LR 2007 KAR 1237 wherein it is clearly

:6:

stated that if the grounds raised in applieatiodshow

that despite diligence matter could not be

could be a good ground for granting of

amendment. Hence, I am of 1:116

passed on the app_1ica1;ion’ for aiiaefxdmeidii ;

faulted.

‘7. Insofar as.-theji1ppiica;doIi:”i:;vA:No.11 seeking
to fram “‘e”aéd§:fio§f§:.i*iss1;e is eoncemed, it is to be noticed
that eddi’€ioIiza.lVVV to be framed since the

apgoiieatiofr for _[a–a111i’c-_:1§.{1if:1ent of written statement is

Irz1deed;”‘oihe learned trial judge has exercised

gaming both the applications.

2 V Having perused the impugaed orders, I am

A ‘dd’ the View that they do not call for interference.

9. No merit. Rejecsed. The learned trail judge

shali expedite the trial of the suit.

In Vi6W of rejection, moi *:pVétj.t4_*._ig_)x1sV, ‘

Misc.W.NO.60649/ 2009 filed by

vacating stay does not ” for ‘<2o1is_:ideraition."

Disposed of.

* M g JUDGE