Dismissed

Sri. N. Ganesh v. Smt. Girijamma

Karnataka HC13 Jan 2021WP/6835/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition challenging the rejection of an application to amend a plaint for adding a prayer for declaration of title. The Court held the suit was filed in 2008, trial concluded, and leave cannot be granted at this belated stage due to delay and laches.

What did the court decide?

Writ petition dismissed; all other contentions kept open; lower court to report compliance by onset of Summer Vacation 2021.

Sri. N. Ganesh Vs Smt. Girijamma — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 13^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.6835 OF 2017(GM-CPC)

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BETWEEN:

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SRI. N. GANESH, AGED ABOUT 68 YEARS, S/O. NARASAPPA, KARAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK-563 115.

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...PETITIONER

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(BY SRI. CHANDRA MOHAN J G, ADVOCATE)

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AND:

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SMT. GIRIJAMMA, W/O. KRISHNAMURTHY, CHAIRMAN, KARAHALLI GRAMA PANCHAYATH, THIMMAPURA POST, BANGARPET-563 115.

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SRI. P. KRISHNAPPA AGED ABOUT 33 YEARS, S/O. PAPANNA, KARAHALLI VILLAGE AND POST, BANGARPET TALUK-563 115.

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VENKATESHAPPA AGED ABOUT 58 YEARS, S/O. YELLAPPA, KARAHALLI VILLAGE AND POST, BANGARPET TALUK-563 115.

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… RESPONDENTS

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(BY SRI.K RAGHAVENDRA RAO, ADVOCATE FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF PRL. CIVIL JUDGE AND JMFC, BANGARPET, IN O.S.259/2008, ON IA.NO.8 UNDER ORDER VI RULE 17 READ WITH S.151 OF CPC, SEEKING FOR AMENDMENT OF PLAINT, DATED 14.12.2016, AS PER ANNEX-A TO THE PETITION.

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THIS PETITION COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:-

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ORDER

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Petitioner being the plaintiff in a suit for possession, injunction etc., is knocking at the doors of Writ Court for assailing the order dated 14.12.2016 a copy whereof is at Annexure-A whereby his application in IA No.8 filed under Order VI rule 17 of CPC, 1908 having been rejected, the learned Principal Civil Judge, Bangarpet, has denied leave to amend the plaint for introducing an additional prayer as to declaration of title.

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After service of notice, the respondent – defendants having entered appearance through their counsel, vehemently oppose the writ petition contending that the amendment of the plaint is hopelessly time-barred and that the trial having taken place, the leave cannot be granted for such belated amendment; in support of his contention, he banks upon the decision of the Apex Court in RAJKUMAR GURAWARA VS. M.S.SARWAGI AND CO. PVT. LTD., AIR 2008 SC 2303- Para 7.

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Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as, suit is of the year 2008; the Written Statement has been

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filed denying title of the petitioner in 2008 itself; issue as to the maintainability of the suit without a prayer for declaration of title has also been framed.

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The above apart, both the parties have lead their evidence and the matter is now at the state of arguments; at this highly belated stage, petitioner filed the subject application under Order VI Rule 17 of CPC for amending the plaint to add prayer for declaration of title; this is hopelessly hit by delay & laches there being no plausible explanation for the long delay brooked.

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In the above circumstances, this writ petition being devoid of merits is liable to be dismissed and accordingly it is, all other contentions having been kept open.

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Learned judge of the Court below to accomplish disposal of the suit before the onset of Summer Vacation – 2021 and report compliance to the Registrar General of this Court.

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No costs.

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Sd/JUDGE

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Bsv

Sri. N. Ganesh v. Smt. Girijamma

Case brief

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Sri. N. Ganesh v. Smt. Girijamma

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