Plaintiffs challenged the trial court's rejection of their amendment application in a pending partition suit via Article 227 petition. The High Court declined interference since they could raise it as a ground in appeal against any adverse judgment and decree.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024 BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 27751 OF 2024 (GM-CPC)
BETWEEN:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
RESIDING AT MALLAPANAHALLI PALYA, AREYUR POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572 118.
…PETITIONERS
(BY SRI. PUNITH C.,ADVOCATE)
AND:
BOTH ARE RESIDING AT MALLAPANAHALLI PALYA, AREYUR POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572 118. R9 & R10 AMENDED V.C.O DATED 16.10.2024
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DTD 14.08.2024 PASSED IN O.S.NO.126/2009 BY THE LEARNED III ADDL.CIVIL JUDGE AND JMFC, TUMAKURU AS PER ANNX-E AND THEREBY ORDERED TO ALLOW THE APPLICATION FILED BY THE PLAINTIFF UNDER ORDER 6 RULE 17 OF CPC, FOR AMENDMENT AT ANNX-C BY ALLOWING THE PETITION.
NC: 2024:KHC:41681 WP No. 27751 of 2024
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
ORAL ORDER
This plaintiff’s petition seeks to call in question the
order dated 14.08.2024 entered by the learned 3rd Additional Civil Judge, Tumakuru, rejecting Amendment Application in a pending partition Suit in O.S.No.126/2009.
In view of the above, this petition is disposed off reserving liberty as observed above.
NC: 2024:KHC:41681 WP No. 27751 of 2024
Registry is directed to send a copy of this Judgement
to the respondent by Speed Post immediately.
Sd/(KRISHNA S DIXIT) JUDGE
Bsv
List No.: 1 Sl No.: 1
1 issue framed by the court
Should the writ court set aside the trial court's rejection of an amendment application in a pending partition suit when the petitioners have an alternate remedy under Order XLIII Rule 1A CPC?
1 provisions across 1 enactments
Andhanaiah
Gangadharaiah
Lakshmamma
Gowramma
Siddalingaiah
Gangabhairaiah
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
