Abdul Wahab Khan S/O Late Rasool … vs Asadulla Khan Uruf Babu on 16 December, 2009

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED 'I'§iIS THE 16"' DAY OF DECEMBER. 

BEFORE:

THE HON'BLE MR. JUSTICE   " 1.. 

Writ Petition NO. 7700 offzoos  "   "
BETWEEN: O .

ABDUL WAHABKHAN
S/O LATE RASOOL KHAN.
AGED ABOUT 66 YEARS, 
NEAR MOSQUE STREET  
FORT ROAD, SARJAPURA
NO.1485, 27m CROSS
BANGALORE DIS3'F}{'J'§3TE"  2:    PETITIONER

 4{BySH.'lE':/Iofid';5§SifLx11E'v.KhSn, Adv. 1

AND:

ASADULLA KHAN A ' V
URUF SASU ' _   -- _
S/O LATE US?/LAIRI. '
AGED A-BOUT  '

FORT ROAD, SARJAPURA_

 'V " No. m_8'5, :..27m. CROSS ' " """ "
 ANEKALTAL'LIK'~._v
'-VEANOALOVREL DISTRICT  RESPONDENT

O f_{  Rahamathuiia Sheriff, Adm}

T:=j1S.LFE9{mON IS FILED UNDER ARTICLES 226 8: 227' OF

 CONS"FI'I'UTION OF INDIA, PRAYING TO SET ASIDE THE
 " ORDER DT. 19.04.2008 PASSED IN OS. NO. 59 OF 2005 BY THE
 'ORAL JUDGE (JR.DN.] AND J.M.F.C. ANEKAL, AND ALLOW THE
 ._L~AFI>LIUAT:ON1.A. NO. 18 FILED UNDER ORDER VI RULE 17 C.P.C.
  '"v1DEANNEXURE - AAND }"3'1fC..

THIS PETITION COMING ON FOR PRELIMINARY HEARING 'B'

K O' A "VVGROUP, THIS DAY, THE COURT MADE THE F OLLOWING:--

6'



 

ORDER

The present petition is filed by the plajntif£:’in*t_he

pending suit which was for the relief

injunction, challenging the order .._of .4_’coLirt

re’ectiI1 his amendment a licatiorlilseeliind’ the
J PP V_ _ _ 7 1__

for relief of declaration.

2. in the application for
amendment” of declaration was filed
after a cause of action for the
suit disentitling the plaintiff to

seek the relief prayed

l not be done directly cannot be done

indirectly, trial court for whatever reasons rejected

the application seeking amendment could have also

on this ground.

6

4.

3

Hence, there is no ground for interference in the Writ

petition.

5.

AN/-

Writ petition is rejected.