Smt. B R Nethravathi v. Sri B R Ramappa
Case brief
What is this about?
WP No. 20145 of 2025 (GM-CPC), High Court of Karnataka, Bengaluru (NC: 2025:KHC:52549), decided 10-12-2025 by Justice Pradeep Singh Yerur. Keywords: amendment of plaint; Order VI Rule 17 read with Section 151 of CPC; Article 227 of the Constitution of India; writ petition against rejection of amendment application; partition and separate possession suit O.S.No.5851/2020; IA No.11; Annexure-E; substitution of initials of plaintiff No.3; correction of measurement of suit schedule item No.1; SRI ADITYA TECHNO SCHOOL; Schedule 'B' typographical error; no change in nature of suit or cause of action; no adverse impact on defendants; trial Court findings perverse and illegal; expeditious disposal; outer limit of 8 months; defendant aged above 80 years; costs for unnecessary adjournments. No precedent cited; no monetary quantum awarded.
What did the court decide?
Writ petition allowed; impugned order dated 06.03.2025 passed by the LXVI Additional City Civil and Sessions Judge on IA No.11 in OS.No.5851/2020 set aside; IA No.11 seeking amendment of the plaint (substitution of plaintiff No.3's initials, correction of measurement of item No.1, inclusion of SRI ADITYA TECHNO SCHOOL) allowed and petitioner permitted to carry out the amendment; trial Court directed to dispose of the suit expeditiously, with both sides to cooperate for disposal within an outer limit of 8 months; trial Court at liberty to impose costs for unnecessary adjournments.