* (By Shfi. I-'3~{I:). vflzfiflgéfirkj, Advocate]
A J V
c Raxri,
_ /c).V'S11_i.~z/sharnappa Jelolli,
_ =AgeG§ 37 Years, OCC: Agriculture,
IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT GULBAR(}§£_:',,j' 1: A
DATED THIS THE 6m DAY IE0 Q A
BEFORE V A A'
THE HON'BLE MRJUSTICE'
W.P. NO.8325$/201AQ.iIC}M¥'CPCj'
BETWEEN: A A A
1.
. Malleshappa, –
S/0. Shankarappa§’.ICI0lli,’g :: A A
Aged 61 years_…OCC:?§Ig1ic’u1.’tI,IrCt V .
2. Vijaykumafi 5<.;:__ V " _ '
S/0. Ma1}eshappa;,JelCS';li, _ _
Aged 35 yCar__s,- OCC:VA.griCjuit1_1'Iv'e, ' –
3. Nagaveni. I ‘- .
D/0. Shamappa, ”
Aged ‘years, OC:’c.:V__AgI’iCu1ture.
Somelingdhalii.
Tamkf ChinC”{IQ’1Ii,V Dist. Gulbarga. : Petitioners
Code of Civil Procedure, 1908 would be a complete bar to
permit such an amendment, after the had
commenced. Since the trial court has ailowed this”
application after the commencement rii’11.s
counter to the legal prohibition.:=__ It ..,that l’
the learned counsel for .the__ petitioner a.li’asr.v4sou_§ghtl to:
present this writ petition.
4. H5,’Ving ‘regard the-flfac’tl admittedly, there
were two egalrlieifl’sv£;leltrans~actio15;S,__under which two acres ‘
of land a’iitotaljteirtelnt…of”l)4 acres 05 guntas had
been and »ab§’rVi_nadVertence or by overlooking the
fact thatlllltwo had been sold, the suit had
brought. it plaintiff having realised the factual
defect .c’la:i1:iing the extent of land as 04» acres 05
sought necessary correction by way of
ll’-.,amend,In’ent. This is found as a fact by the trial Court
allowing the amendment. The contention that the
__effect of amendment would cause a change in the nature
.. ,
commencement of triai. This is a Circumstance. on.
which the trial Court has been satisfied, g0inge’.._h5?_V the
reasons afforded by the tria} court, and
in the said contention, as weil.
The Writ petition tacks 1i1erit.Aa?.1d–ee» i1s..”aCc<')'r§1img3y,
rejected.
t EUDGEE