Dismissed
Sri. G. Mohan @ Babu v. Sri. Ganganarase Gowda
Karnataka HCWP/3514/2021
Case brief
from the order text
What is this about?
HIGH COURT OF KARNATAKA AT BENGALURU DATED…
What the court decided
AI extract
HIGH COURT OF KARNATAKA AT BENGALURU DATED…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.3514 OF 2021 (GM-CPC)
BETWEEN :
SRI. G.MOHAN @ BABU S/O SRI. GANGANARASE GOWDA AGED ABOUT 57 YEARS RESIDING AT NO.17 1ST CROSS ROAD NAGAPPA STREET PALACE GUTTAHALLI BANGALORE-560 003 …PETITIONER
(BY SHRI. C.G. DILEEP GOWDA, ADVOCATE FOR SHRI. K.T. GOVINDE GOWDA, ADVOCATE)
AND :
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LATE MANJULA DEVI GRANDSON OF SRI. GANGANARASE GOWDA AND SMT. B. JAYAMMA AGED ABOUT 37 YEARS
DEFENDANTS NO.3 & 4 ARE RESIDING AT NO.499 1ST FLOOR, 10TH CROSS SADASHIVANAGAR BANGALORE-560 080
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RESPONDENTS NO.7 & 8 ARE RESIDING AT NO.3 SRI. KRISHNA APARTMENTS FLAT NO.31, III FLOOR 12TH CROSS MARGOSA ROAD MALLESWARAM BANGALORE-560 003
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS PASSED ON I.A.NO.9 FILED UNDER ORDER 6 RULE 17 READ WITH SECTION 151 OF CPC DATED 07.12.2017 ANNEXURE-A AND ALLOW THE SAME AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has filed a suit against the respondents for partition and separate possession. He has filed an application seeking amendment of pleadings. By way of amendment, petitioner seeks to bring on record subsequent facts that the Suit Schedule Property has been mortgaged with the
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Canara Bank and about the construction that defendants are putting up.
No costs.
Sd/-
JUDGE
AV
3 issues framed by the court
Whether subsequent events like mortgage and construction can be brought on record to decide rights in a partition suit.
Whether the Trial Judge was correct in dismissing the application for amendment on these subsequent facts.
Whether the Writ Petition challenging the impugned dismissal order succeeds.
3 provisions across 2 enactments
Sri. G.Mohan @ Babu
Sri. Ganganarase Gowda
Smt. B. Jayamma
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court