Dismissed

Smt. Eramma W/O Dodda Thippana v. Smt. Mallamma W/O Late Dodda Basappa @ Basappa

Karnataka HC6 Feb 2019WP/104136/2018

Case brief

AI extract

What is this about?

This writ petition challenged an order by the Civil Judge allowing amendment of a plaint to correct the father's name of defendants, alleging fraudulent mutation transfer. The High Court rejected the petition, holding the amendment did not alter the suit nature and the trial court's decision avoided multiplicity of proceedings.

What the court decided

AI extract

Smt. Eramma W/O Dodda Thippana Vs Smt. Mallamma W/O… — Property and Title | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE G. NARENDAR WRIT PETITION NO.104136/2018 (GM-CPC)

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BETWEEN:

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SMT. ERAMMA W/O DODDA THIPPANA AGED 62 YEARS, OCC:HOUSEHOLD WORK R/O CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SMT.B.LINGAMMA W/O UPPALAPPA AGED 39 YEARS, OCC:AGRICULTURE R/O: SHREEDHARGADDE VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI. DEVANNA S/O DODDA THIPPANNA AGED 37 YEARS, OCC:AGRICULTURE R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI RAMANNA S/O DODDA THIPPANNA AGED 35 YEARS, OCC:AGRICULTURE R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SMT. ERAMMA W/O ANANDA AGED 62 YEARS, OCC:AGRICULTURE R/O:RAMADURGAM VILLAGE, CHIPPAGIRI MANDALAM, ALUR TALUK, DIST:KURNOOL, ANDHRA PRADESH 518301

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SMT.LAKSHIMIDEVAMMA W/O THIPPAIAH SETTY AGED 57 YEARS, OCC:AGRICULTURE R/O.NEAR S.R.RANGAPPA HOUSE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI B.K.KRISHNAMURTHY S/O VENKATA SETTY AGED 67 YEARS, OCC:AGRICULTURE, R/O NEAR S.R.RANGAPPA HOUSE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI P.VENKATA NARASIMHAIAH S/O THIMMAIAH SETTY AGED 37 YEARS, OCC:AGRICULTURE, R/O NEAR S.R.RANGAPPA HOUSE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI P.VIJAYAKUMAR S/O P.THIMMAIAH AGED 42 YEARS, OCC:AGRICULTURE R/O:NEAR S.R.RANGAPPA HOUSE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI B.K.VENKATESH SETTY S/O B.K.KRISHNA MURTHY SETTY AGED: 45 YEARS, OCC:AGRICULTURE, R/O. NEAR S.R.RANGAPPA HOUSE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI A.BASAVARAJA S/O A.BASAVNA GOUDA AGED:51 YEARS, OCC:AGRICULTURE, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SMT.PALAKSHIMMA W/O B.BOLANA GOUDA AGED 52 YEARS, OCC:AGRICULTURE R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI B.MANJUNATHA S/O B.BOLANA GOUDA AGED:19 YEARS, OCC:STUDENT R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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KUM.B.NIRMALA D/O B.BOLANA GOUDA AGED 17 YEARS, OCC:STUDENT, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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KUM.B.MAMATHA D/O B.BOLANA GOUDA AGED:15 YEARS, OCC:STUDENT R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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KUM.B.PRIYANKA D/O B.BOLANA GOUDA AGED:13 YEARS, OCC:STUDENT R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI BASAVARAJ S/O ALLU HULAGAPPA AGED 67 YEARS, OCC:AGRICULTURE, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI THIMMAPPA S/O BASAVARAJA AGED:37 YEARS, OCC:AGRICULTURE, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120 ... PETITIONERS

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BY SRI. S. H. MITTALKOD, ADVOCATE) AND:

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SMT. MALLAMMA W/O LATE DODDA BASAPPA @ BASAPPA AGED:52 YEARS, OCC:HOUSEHOLD WORK, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI LINGANNA S/O LATE DODDA BASAPPA @ BASAPPA AGED: APPROX. 37 YEARS, OCC:AGRICULTURE, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI YELLAPPA S/O LATE DODDA BASAPPA @ BASAPPA AGED:33 YEARS, OCC:AGRICULTURE, R/O CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI BHERAPPA S/O LATE DODDA BASAPPA @ BASAPPA AGED:33 YEARS, OCC:AGRICULTURE, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SMT. DODDA LINGAMMA D/O LATE DODDA BASAPPA @ BASAPPA AGED:32 YEARS, OCC:HOUSEHOLD WORK R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SMT.SANNA LINGAMMA D/O LATE DODDA BASAPPA @ BASAPPA AGED 30 YEARS, OCC:AGRICULTURE, R/O:DIBBANAKALU VILLAGE, ADONI TALUK, DIST:KURNOOL 518301

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SMT.YALLAMMA D/O LATE DODDA BASAPPA @ BASAPPA AGED:29 YEARS, OCC:HOUSEHOLD WORK R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SMT.LAKSHIMI D/O LATE DODDA BASAPPAN @ BASAPPA AGED:27 YEARS, OCC:HOUSEHOLD WORK R/O:MUCHIGERI VILLAGE, HIRE TUMBALA ADONI TALUKA, DIST:KURNOOL 518301

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SRI RANGAPPA S/O BANDARADA NAGAPPA AGED 57 YEARS, OCC:AGRICULTURE, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SMT.YALLAMMA W/O LINGANNA D/O LATE DODDA THIPPANNA AGED: 62 YEARS, OCC:HOUSEHOLD WORK, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SMT. LAKSMAMMA W/O SANNA THIAPPANA AGED:57 YEARS, OCC:AGRICULTURE,

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R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI ANANDA S/O SANNA THIPPANNA AGED:39 YEARS, OCC:AGRICULTURE, R/O:CHANAKANUR VILLAGE, SIRUGUPPA TALUK, DIST:BALLARI 583120

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SRI AYYAPPA S/O LATE MUCHIGERI ERAPPA AGED ABOUT 62 YEARS, OCC:AGRICULTURE R/O:POOJARI RICE MILL ROAD, WARD NO.23, MANAVI POST AND TALUK, DIST:RAICHUR

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SRI ERANNA S/O LATE NARASAPPA AGED:ABOUT 42 YEARS, OCC:AGRICULTURE R/O:POOJARI RICE MILL ROAD, WARD NO.23, MANAVI POST AND TALUK, DIST:RAICHUR

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SRI HANUMANTHAPPA S/O LATE NARASAPPA AGED ABOUT 37 YEARS, OCC:AGRICULTURE R/O:POOJARI RICE MILL ROAD, WARD NO.23, MANAVI POST AND TALUK, DIST:RAICHUR

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... RESPONDENTS ---

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.04.2018 PASSED ON I.A.NO.17 FILED IN O.S.NO.132/2011 BEFORE THE HON’BLE CIVIL JUDGE AND JMFC, SIRUGUPPA, PRODUCED AT ANNEXURE-E.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioners.

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The petitioner is before this Court being

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aggrieved by the order passed by the Court of the Civil Judge and JMFC, Siruguppa, whereby the trial Court has been pleased to allow I.A.17 preferred by the plaintiff under Order 6 Rule 17 seeking for amendment of the pleading by substituting para V with paragraphs V and V(a).

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The amendment sought is to correct the father’s name of the defendants 1 and 2. In the plaint, originally it was stated that defendants 1 and 2 are the sons of the vendor Erappa S/o. Muchigeri Siddappa. By the proposed amendment, the description of the defendants 1 and 2 was sought to be changed by stating that the defendants 1 and 2 are not the sons of the said

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late Erappa S/o. Muchigeri Siddappa and that they are the sons of one Erappa.

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That their vendor, had two sons by name Narasappa, who is no more and Ayyappa, who is arrayed as defendant No.12 and that the other son of Erappa i.e., the late Narasappa has left behind his two sons defendants 13 and 14. That the defendants 1 and 2 are actually the sons of one Erappa S/o.Sanna Bheemappa and are in no way connected with the suit schedule property and taking advantage of the similarity in the names of the father have fraudulently got transferred the mutation and that the said fact came to be noticed very recently.

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From the above, what one can deduce is that, the petitioners have realized the error in the description of the defendants 1 and 2 and wanted to correct the description o the defendants 1 and 2, more particularly the name of their father. That apart, it is

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the contention of the plaintiff/applicant that the defendants 1 and 2 taking advantage of the similarity in the name of the father and the original owner have attempted to fraudulently get the mutation changed in their names.

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The trial Court after appreciating the case has rightly held that the matter requires to be adjudicated and the amendment proposed does not in any manner alter the nature of the suit or the claim of the parties. The plea taken is that, the plaintiff realized the error in the description of the defendants 1 and 2 on the basis of the information which was subsequently received. It is not the case of the defendants 1 and 2, the petitioners herein, that the plaintiff was aware of these details or was in possession of the details as on the date of filing of the suit.

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The trial Court while allowing the application

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has correctly held that a hyper technical approach

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would defeat the very purpose of the court which has to dispense and administer justice. Further, the trial Court was right in holding that, if the amendment sought for is not allowed, it would lead to multiplicity of proceedings. Further, one point of note is that, the defendants have not denied the fact that they are the children of Erappa S/o. Sanna Bheemappa. That being the fact, this Court does not find any error in the order impugned. That being the case, this Court is of the opinion that the writ petition is devoid of merits.

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Accordingly, petition stands rejected.

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Sd/JUDGE

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gab

Smt. Eramma W/O Dodda Thippana v. Smt. Mallamma W/O Late Dodda Basappa @ Basappa

Case brief

What is this about?

What the court decided

Smt. Eramma W/O Dodda Thippana v. Smt. Mallamma W/O Late Dodda Basappa @ Basappa

Case brief

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What the court decided

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