Smt Saraswathamma v. Smt.Prema
Case brief
What is this about?
High Court dismissed a writ petition challenging the trial court's order allowing amendment to add facts about a subsequently inserted property in a partition suit. The court held the amendment did not alter the suit's nature or cause action and caused no prejudice. Petition rejected.
What did the court decide?
Writ petition rejected; impugned order allowing amendment to plaint stands affirmed.
What the court decided
A compact analysis
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.
- 1 - NC: 2023:KHC:29225 WP No. 2692 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2692 OF 2020 (GM-CPC)
BETWEEN:
- SMT. SARASWATHAMMA W/O RAVI KUMAR D/O LATE K.T.THAYAPPA AGED ABOUT 44 YEARS, R/AT KAMANAHALLI VILLAGE, JALIGE POST, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT PIN CODE-562 157.
Digitally signed by GURURAJ D Location: High Court of Karnataka
- SMT. MANJULA @ MANJAMMA W/O SHIVAKUMAR D/O LATE K.T.THAYAPPA AGED ABOUT 40 YEARS, R/AT DOMBARAHALLI VILLAGE, MADHURE HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT PIN -562 162.
…PETITIONERS
(BY SRI P.M. SIDDAMALLAPPA, ADV.)
Issues for consideration
3 issues framed by the court
Whether the trial court erred in allowing an amendment to the plaint to add additional facts after the commencement of evidence in a partition suit.
Whether the proposed amendment would cause prejudice to the defendants or change the nature of the suit.
Whether the High Court should interfere with the trial court's order permitting the amendment under Article 227.
Parties & counsel
- petitioner
SMT. SARASWATHAMMA W/O RAVI KUMAR
- petitioner
SMT. MANJULA @ MANJAMMA W/O SHIVAKUMAR
- respondent
SMT. PREMA W/O RAMACHANDRA
- respondent
SMT. PADAMAMMA W/O SHEKAR
- respondent
SMT. SHARADHA W/O JAGADEESH
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- WP/2692/2020
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