Sri Subbarayappa Vs Smt Shakuntahla

4 . SMT. S.G. JAYALAKSHMAMMA W/O R. DHANANJAYA AGED ABOUT 32 YEARS RESIDING AT NO.246, 1ST FLOOR CHIKKAIAH BUILIDNG NEAR MUTTHURAYASWAMY BAR RAJEEV GANDHI CIRCLE SUNKADAKATTE, BENGALURU - 91.

¶18

5 . SMT. SAROJAMMA W/O RAMANNA AGED ABOUT 59 YEARS RESIDING AT KADARAPURA VILLAGE SANTHEMAVATHURU DHAKALE KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT - 571102.

¶19

6 . SRI. MUNIRAJU S/O SRI. THAMMAIAH @ MUNIVENKATAPPA AGED ABOUT 39 YEARS RESIDING AT GUDDALAHALLI VILLAGE MADABAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 571551.

¶20

7 . SRI. T. LAKSHMAMMA S/O LATE THIMMAIAH AGED ABOUT 54 YEARS RESIDING AT NO.2800 2ND STAGE, D BLOCK 11 A MAIN ROAD, RAJAJINAGARA BENGALURU - 10.

¶21

8 . SMT. YALLAMMA W/O SRI. THAMMAIAH @ MUNIVENKATAPPA AGED ABOUT 63 YEARS RESIDING AT GUDDALAHALLI VILLAGE MADABAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 571551.

¶22

3 -

¶23

9 . SMT. MANJULA

¶24

W/O A.C. NAGARAJU

¶25

AGED ABOUT 45 YEARS RESIDING AT NO.197/3, 1ST MAIN

¶26

KAVERI BADAVANE, BENGALURU - 560072.

¶27

10 . SRI. PADMARAJANNA

¶28

S/O LATE HANUMANTHAIAH AGED ABOUT 63 YEARS RESIDING AT NO 442 MANJUNATHANAGARA 3RD PHASE 1ST BLOCK, 12TH MAIN BENGALURU - 10.

¶29

11 . SMT. P.B. SUMITHRA

¶30

W/O SIDDALINGESHWARA AGED ABOUT 51 YEARS RESIDING AT NO:W151 3RD SECTOR, HMT COLONY JALAHALLI, BENGALURU - 13.

¶31

12 . SMT. JAYAMMA

¶32

W/O R. THIMMARAJU

¶33

AGED ABOUT 37 YEARS RESIDING AT NO 118, 4TH STAGE 4TH BLOCK, 8TH MAIN BASAVESHWARANAGARA BENGALURU - 79.

¶34

13 . SMT. ANITHA

¶35

W/O K.R. KUMAR

¶36

AGED ABOUT 33 YEARS RESIDING AT NO.246, 1ST FLOOR CHIKKAIAH BUILDING NEAR MUTTARAYASWAMY BAR RAJEEVGANDHI CIRCLE SUNKADAKATTE, BENGALURU - 91.

¶37

14 . SRI. SUNDARAM RAMANATHAN

¶38

S/O LATE S. RAMANATHAN AGED ABOUT 47 YEARS RESIDING AT FLAT NO C -204

¶39

4 -

¶40

NAGARAJUNA MAPLE HEIGHTS OUTER RING ROAD, NEAR B NARAYANAPURA BENGALURU - 16.

¶41

15 . MRS. RESHMY S. IYER W/O SUNDARM RAMMANATHAN AGED ABOUT 45 YEARS RESIDING AT FLAT NO C -204 NAGARAJUNA MAPLE HEIGHTS OUTER RING ROAD, NEAR B NARAYANAPURA BENGALURU - 16.

¶42

16 . SMT. RAJALAKSHMI

¶43

W/O C.A. KRISHNAMURTHY AGED ABOUT 67 YEARS RESIDING AT NO.51, 1ST FLOOR 11TH MAIN ROAD, 16TH CROSS MALLESHWARAM, BENGALURU - 55.

¶44

17 . SRI. VENKATAIAH G.T.

¶45

S/O LATE THIRUMALEGOWDA AGED ABOUT 61 YEARS RESIDING AT NO 15 ARALIMARADA ROAD, 2ND MAIN MAGADI MAIN ROAD KAMAKSHIPALYA, BENGALURU - 21.

¶46

18 . SMT. NARASAMMA

¶47

W/O B. VENKATESH AGED ABOUT 64 YEARS RESIDING AT KEMPEGOWDA NAGARA 1ST MAIN, 2ND CROSS VISWANEEDUM POST BYDARAHALLI, BENGALURU-91.

¶48

19 . SRI. RANGANATHAIAH .T

¶49

S/O SRI. THIPPERANGAPPA AGED ABOUT 51 YEARS RESIDING AT NO.311/293 BEHIND GOVT SCHOOL, 6TH MAIN 3RD BLOCK, 3RD STAGE BASAVESHWARANAGARA

¶50

5 -

¶51

BENGALURU-79.

¶52

20 . SRI. KRISHNAIAH G.M. S/O LATE C. MARIYAPPA AGED ABOUT 56 YEARS RESIDING AT NO.117, PAVITHRA NILAYA BCMC LAYOUT, KANAKAPURA MAIN ROAD RAGHUVANAHALLI, BENGALURU-62.

¶53

21 . SRI. S. RAVICHANDRAN

¶54

S/O LATE M.V. SUNDARESAN AGED ABOUT 75 YEARS RESIDING AT NEW NO.45 SRI SHANMUGAM ROAD R S PURAM, COIMBATORE-641002.

¶55

22 . SMT. PRABHA RAVICHANDRAN

¶56

D/O S. RAVICHANDRAN AGED ABOUT 65 YEARS RESIDING AT NEW NO.45 SRI SHANMUGAM ROAD R S PURAM, COIMBATORE-641002.

¶57

23 . SRI. T. VENKATESAN S/O G. THIRUPATHI AGED ABOUT 40 YEARS RESIDING AT MARIKAMPALLI VILLAGE ITTIKKAL AGARAM POST KRISHNAGIRI TALUK AND DISTRICT TAMILNADU-635122.

¶58

24 . SRI. MURUGENDRAPPA .A S/O ADAVIYAPPA AGED 64 YEARS R/AT KANNALLI VILLAGE KODIGEHALLI POST YESHWANTHAPURA HOBLI BENGALURU-91.

¶59

25 . SMT. MANJULA L.V. S/O G. VENKATESH AGED 70 YEARS

¶60

6 -

¶61

R/AT NO.15 (127/1) BEHIND MES SCHOOL, 6TH A MAIN, (SWAYAM PRABHA KALYANAMANTAPPA ROAD) MEENAKSHINAGAR, KAMAKSHIPALYA BENGALURU-79.

¶62

26 . SRI. N. PRABHAKARAN

¶63

S/O C.K. NANJUNDAIAH AGED 57 YEARS R/AT NO.126, KAVDA SHOLAI MARLIMUND LAKE ROAD PUDUMUND POST OOTY, NILGIRIS-643007.

¶64

27 . SRI. CHANDRASHEKAR P.S. S/O LATE SHIVANNA AGED 55 YEARS

¶65

R/AT PEMMANAHALLI VILLAGE SOLUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-571 551.

¶66

28 . SMT. MANJULA

¶67

S/O B.C. CHIKKANNA AGED 49 YEARS R/AT NO.313, BYADARHALLI VISWANEEDUM POST, MAGADI MAIN ROAD YASHWANTHAPURA HOBLI BANGALORE NORTH TALUK BANGALORE-91.

¶68

29 . SMT. L. CHANDRAKALA

¶69

W/O SHIVAKUMAR .K AGED 37 YEARS R/AT NO.58, VRUSHABHAVATHI NAGARA 1ST MAIN ROAD, MAGADI MAIN ROAD KAMAKSHIPALYA, BENGALURU-79.

¶70

30 . SRI. YOGESH H.G S/O SRI. GANGANNA AGED 47 YEARS.

¶71

7 -

31 . SMT. GEETHA

W/O SRI. H.G. YOGESH

AGED 33 YEARS.

RESPONDENT 30 & 31 ARE R/AT NO. 402, HONNUDIKE VILLAGE GULUR HOBLI, TUMKUR DISTRICT 571102.

¶76

32 . SMT. AKKAJJAMMA S/O LATE LAKSHMANA AGED 67 YEARS R/AT NO. 30-1-1 BHUVANESHWARI NAGARA 20TH CROSS, MARIYAPPANAHALLI BENGALURU 23.

¶77

33 . SMT. JAYALAKSHMI W/O N. JAYARAMU AGED 45 YEARS R/AT NO. 49, 1ST MAIN 1ST CROSS, KAMALANAGARA BENGALURU 79.

¶78

34 . SRI. C. MAHESH

¶79

S/O CHANNAHANUMAIAH AGED 50 YEARS R/AT NO. 248/1 MAHADESWARA NAGARA 3RD CROSS, VISHWANEEDUM POST MAGADI MAIN ROAD HEROHALLI, BENGALURU 91.

¶80

35 . SRI. TEJARAM

¶81

S/O KALLU RAM AGED 46 YEARS R/AT NO. 110, HANSA BUILDING CHANDANA LAYOUT, 8TH CROSS 4TH MAIN, SHREE GANDHADA KAVALU SUNKADAKATTE, BENGALURU 91.

¶82

36 . SRI. M.B. KRISHNEGOWDA S/O M.C. BETTAIAH

¶83

8 -

¶84

AGED 63 YEARS R/AT NO. 1536 4TH MAIN MNC BHADRAVATHI 577301.

¶85

37 . SMT. C.T. MAMATA W/O C.C. THIMMEGOWDA AGED 47 YEARS R/AT NO. 36, MUDDANAYAPALYA ASSESSMENT NO. 35/1 YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK 92.

¶86

38 . SRI. G.M. PRASAD S/O G.P. MALLIKARJUNA SWAMY AGED 51 YEARS R/AT GANDASI VILLAGE GANDASI HOBLI ARASIKERE TALUK HASSAN DISTRICT.

¶87

39 . SRI. UMESH V

¶88

S/O VEEREGOWDA AGED 50 YEARS R/AT NO. 32/4, 3RD CROSS 2ND STAGE, GRUHALAKSHMI LAYOUT KAMALANAGARA, BENGALURU 79.

¶89

40 . SRI. THANNARAM PATEL

¶90

S/O MOHANLAL AGED 43 YEARS 5TH MAIN ROAD SRIKANTESHWARANAGARA MAHALAKSHMI LAYOUT BANGALORE 96.

¶91

41 . KUMARI L. JAYALAKSHMI

¶92

D/O D.P. LINGARAJAPPA AGED 34 YEARS R/AT THYAGARAJA COLONY SANIVARASANTHE SOMAVARAPETE TALUK

¶93

9 -

¶94

KODAGU DISTRICT 571236.

¶95

42 . SRI. MURALIDHAR G.P. S/O LATE K.C. PILLAPPA AGED 51 YEARS R/AT NO. 863/21/2 K.K. HEBBAR ROAD 12TH MAIN ROAD, 5TH CROSS HANUMANTHANAGARA BENGALURU 19.

¶96

43 . SRI. H. SREENIVASA

¶97

S/O SRI. HUCHAPPA AGED 49 YEARS CHANDRASHEKARA LAYOUT 2ND CROSS, EARANNANA PALYA MAIN ROAD, VISHWANEEDUM POST BENGALURU 91.

¶98

44 . SRI. MALLEGOWDA H.K. S/O SRI. KRISHNEGOWDA AGED 35 YEARS R/AT NO.395, 8TH BLOCK 8TH CROSS, NEAR BDA COMPLEX NAGARABHAVI, BANGALORE 560 072.

¶99

45 . SMT. BHAGYA U.K. W/O I.E RAJESH R/AT NO. 42, 4TH STAGE 3RD BLOCK, J.C. NAGARA BASAVESHWARANAGARA BANGALORE 560079.

¶100

46 . SMT. S. SANTHAMMA

¶101

W/O LATE M. KRISHNA AGED 49 YEARS R/AT NO. 11/11 KAREKALLU MAIN ROAD MAGADI MAIN ROAD KAMAKSHIPALYA BANGALORE 560 079.

¶102

10 -

¶103

47 . SMT. LALITHA UMESH W/O K.M. UMESH AGED ABOUT 47 YEARS RESIDING T NO.40/8 SRI BYRAVESHWARA NILAYA 4TH A MAIN, GOVINDARAJANAGARA NAGARABHAVI MAIN ROAD BANGALORE-560040.

¶104

48 . SRI. H.C. KRISHNAPPA S/O LATE CHIKKABYRAPPA AGED ABOUT 54 YEARS RESIDING AT NO.117 HONNAGANAHATTI VILLAGE TAVAREKERE HOBLI BANGALOR SOUTH TALUK 92.

¶105

49 . SRI. K.M. SREENIVASA S/O LATE MOODLEGOWDA AGED ABOUT 54 YEARS R/AT KENCHEGOWDANA KOPPALU KOTEBETTA DHAKALE, DEVALAPURA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT 571401.

¶106

50 . SRI. KUMAR T.H. S/O SRI. HONNAIAH AGED ABOUT 52 YEARS RESIDING AT SREE MARUTI NILAYA SATHYANARAYANA LAYOUT 1ST CROSS, BASAVESHWARANAGARA BANGALORE-560079.

¶107

51 . SRI. D. CHALUVARAJU S/O K.C. DANEGOWDA AGED ABOUT 55 YEARS RESIDING AT NO.11/1 3RD MAIN ROAD BYRAVESHWARA NAGARA SUNKADAKATTE BANGALORE 560091.

¶108

11 -

¶109

52 . SRI. S.B. RAJANNA S/O LATE BHADRAIAH AGED ABOUT 64 YEARS RESIDING AT KADARAPURA VILLAGE SANTHEMAVATHURU DHAKALE KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT 570102.

¶110

53 . SMT. KALYANI C. REDDY W/O CHINNADORAI T. REDDY AGED ABOUT 63 YEARS R/AT NO 62/1, 17TH MAIN 11TH CROSS

¶111

FEEDOM FIGHETER COLONY LEGGERE, BANGALORE 560058.

¶112

54 . SMT. RENUKA K.V.

¶113

W/O H.R. PRABHAKAR AGED 32 YEARS R/AT NO 85/5 CARE OF VASU F.F. LAYOUT LAGGERE, BANGALROE 560058.

¶114

55 . SRI. RAVI .N S/O NARASIMHAMURTHY AGED 35 YEARS R/AT VALEGERE PALYA KEMPASAGARA POST KASABA HOBLI, MAGADI TQ RAMNAGARA DIST 562159.

¶115

56 . SRI. M.G. VENKATESH

¶116

S/O LATE GIIYAPPA AGED ABOUT 56 YEARS R/AT MADAPPANAPALYA VILLAGE DODDAMAVATHUR POST KASABA HOBLI, KUNIGAL TQ TUMKURU DIST 570102.

¶117

57 . SRI. GANGADHAR S/O SANJEEVAIAH AGED 41 YEARS

¶118

12 -

¶119

R/AT THIPPASANDRA VILLAGE THIPPASANDRA HOBLI MAGADI TQ

¶120

RAMANAGARA DIST 562159.

¶121

58 . SRI. SREENIVASAIAH S/O LATE THIMMAIAH AGED 66 YEARS R/AT NO.60, 3RD CROSS KEB ROAD, GANESHA FARM MAGADI MAIN ROAD ANJANANAGARA BANGALORE 560091.

¶122

59 . SRI. SUNDARAM RAMANATHAN S/O LATE S. RAMANATHAN AGED ABOUT 49 YEARS R/AT FLAT NO.(C) 204 NAGARJUNA MAPLE HEIGHTS OUTER RING ROAD NEAR B NARAYANAPURA BANGALORE 560 016.

¶123

60 . SRI. C.A. KRISHNAMURTHY S/O LATE AYYA MANI IYER AGED ABOUT 75 YEARS R/AT NO.51, 1ST FLOOR 11TH MAIN ROAD

¶124

16TH CROSS, MALLESHWARAM BANGALORE 560 055.

¶125

61 . SMT. V.K. SANTHAMMA W/O BOREGOWDA AGED ABOUT 45 YEARS R/AT NO.7, KAVERI NAGARA 1ST CROSS, 3RD STAGE PEENYA, BANGALORE 560 058.

¶126

62 . SRI. NAGARAJU S/O LATE DODDATHAMMAIAH AGED ABOUT 49 YEARS R/AT KENCHANAHALLI VILLAGE

¶127

13 -

¶128

HULIYURDURGA HOBLI KUNIGAL TALUK

¶129

TUMKUR DISTRICT 570 102.

¶130

63 . SRI. SHIVAKUMAR M.V. S/O SRI. VENKATESHAIAH AGED ABOUT 35 YEARS R/AT. MALLUR VILLAGE MOTAGANAHALLI POST SOLUR HOBLI, MAGADI TALUK RAMANGARA DISTRICT 562 159.

¶131

64 . SRI. EASHWARAPPA .R S/O LATE RANGAPPA AGED ABOUT 59 YEARS

¶132

R/AT RANGAIAHNAPALYA VILLAGE MADABAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT 562 159.

¶133

65 . SRI. S. MUNISWAMY S/O LATE KEMPANNA AGED ABOUT 41 YEARS RESIDING AT NO.339 4TH MAIN ROAD, RHCH LAYOUT ANNAPOORNESHWARI NAGARA BANGALORE-560091.

¶134

66 . SRI. GANESH .S

¶135

S/O SANATHANA AGED ABOUT 49 YEARS.

¶136

67 . SMT. NIRMALA W/O SRI. GANESH .S AGED ABOUT 42 YEARS.

¶137

RESPONDENT NO.66 AND 67 ARE RESIDING AT NO.3 KEMPEGOWDA NAGARA VISHWANEEDUM POST MAGADI MAIN ROAD BYADARAHALLI BANGALORE - 560091.

¶138

14 -

¶139

68 . SRI. P.S. RUDRESH S/O LATE SHIVANNA C/O HONNAGANGAPPA KADABAGERE VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK-92.

¶140

69 . KUMARI DIVYANAGARI D/O D.N. NAGENDRAIAH AGED ABOUT 34 YEARS RESIDING AT NO.1044 BEL LAYOUT, 2ND STAGE BARATHNAGAR MAGADI MAIN ROAD BANGALORE-560091.

¶141

70 . SMT. PUSHPALATHA BALARAMU W/O BALARAMA SHETTY AGED ABOUT 55 YEARS RESIDING AT NO.12/1 RANGANATHA NILAYA, 6TH MAIN AGRAHARA DASARAHALLI BANGALORE-560079.

¶142

71 . SRI. K. GIREESH S/O KODANDAPANI AGED ABOUT 53 YEARS RESIDING AT NO.734, 6TH CROSS 4TH MAIN, PRAKASH NAGARA BANGALORE 560021.

¶143

72 . SRI. GOPAL .N

¶144

S/O LATE K. NANJUNDAIAH AGED ABOUT 53 YEARS RESIDING AT INESH NILAYA SHAMBHAVI NAGARA, 2ND STAGE PEENYA, BANGALORE 560058.

¶145

73 . SMT. S.G. JAYALAKSHMI W/O S.K. SHIVARAMAIAH AGED ABOUT 55 YEARS RESIDING AT BARATH NAGARA

¶146

15 -

¶147

BEL LAYOUT, 2ND STAGE VISHWANEEDUM POST BANGALORE 560091.

¶148

74 . SRI. SHANKAR H.B. S/O BETTASWAMAIAH AGED ABOUT 44 YEARS RESIDING AT NO.49 1ST MAIN ROAD, 2ND CROSS NEAR MUNISWAMAPPA SCHOOL LEGGERE, BANGALORE 560058.

¶149

75 . SRI. VENKATARAMAIAH S/O YALLAIAH AGED ABOUT 61 YEARS 1ST CROSS, 2ND STAGE, 11TH PART KERE ANGALA, NAGARABHAVI BANGALORE 560072.

¶150

76 . SRI. D. SURESH S/O SRI. DUBBAIAH AGED ABOUT 42 YEARS MACHAHALLI VILLAGE THORESHETTIHALLI POST AATAGUR HOBLI, MADDUR TALUK MANDYA DISTRICT 571403.

¶151

77 . SRI. VIJAY KUMAR S/O B. NARAYANAPPA AGED ABOUT 45 YEARS RESIDING AT NO 13-7-18 BANGALORE ROAD, HINDUPURA ANANTHAPURA DISTRICT 515001.

¶152

78 . SRI. M. THIMMEGOWDA S/O LATE MUNIVENKATAPPA AGED ABOUT 42 YEARS RESIDING AT GEETHA FANCY STORE NEAR MARIYASADHANA SCHOOL MUNESHWARA NAGARA MAIN ROAD NEELAGIRI THOPU, SUNKADAKATTE BANGALORE-560091.

¶153

16 -

¶154

SMT. SARASWATHAMMA W/O B.T. SREENIVASAMURTHY AGED ABOUT 45 YEARS R/AT. NO.41, SANNAKKIBAYALU 2^ND CROSS, VRUSHABHAVATHINAGARA MAGADI MAIN ROAD, KAMAKSHIPALYA BANGALORE-560079.

¶155

80 SMT. HONNAMMA W/O P.S. RUDRESH D/O LATE SHIVANNA C/O HONNAGANGAPPA KADABAGERE VILLAGE KADABAGERE POST DASANAPURA HOBLI BANGALORE NORTH TALUK.

¶156

…RESPONDENTS

¶157

(BY SRI. PRASHANTH H.S. ADVOCATE FOR R1 V/O/DTD:08.12.2021 NOTICE TO R2 - R80 D/W)

¶158

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.356/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MAGADI. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND SET ASIDE THE ORDER DATED 01.09.2021 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MAGADI ON IA NO.25 FILED UNDER ORDER VI RULE 17 OF CPC IN OS NO.356/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MAGADI ANNEXURE-F TO THE WRIT PETITION AND CONSEQUENTLY DISMISS THE APPLICATION FILED BY THE 1^ST RESPONDENT & ETC.

¶159

17 -

¶160

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 09.09.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

¶161

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

¶162

CAV ORDER

¶163

This Writ Petition has been filed seeking to set aside

¶164

the order dated 01.09.2021 on I.A. No.25 under Order VI Rule 17 read with section 151 of CPC in O.S. No.356/2014 on the file of Additional Senior Civil Judge and JMFC at Magadi.

¶165

The Petitioner herein is the defendant no.1 before

¶166

the Trial Court and Respondent No-1 is the Plaintiff no.1 before the trial court. Respondents No-2 to 80 are the defendants no-2 to 80 respectively.

¶167

The facts of the case are as follows:

¶168

The 1^st Respondent filed a suit for specific

¶169

performance of the agreement dated 29.09.1995 before the senior civil judge, Magadi contending that, the first

¶170

18 -

¶171

defendant have executed a sale agreement in his favour agreeing to sell the suit schedule property for a sum of Rs. 5,10,000/- and thereafter agreement renewed time and again and lastly on 13/01/2011 and thereby praying for specific performance.

¶172

The Defendant appeared before the Trial Court and denied the execution of sale agreement and denied the execution of the sale agreement and contended that the agreement had arisen out of the loan transaction and denied the further renewal of the agreements and further denying that he received the total consideration of Rs. 2,45,000/- and prayed for the dismissal of the suit.

¶173

During the pendency of the suit, the other defendants, i.e., defendants 3 to 80 were impleaded on the ground that they purchased the suit schedule property during the pendency of the suit.

¶174

As the matter stood thus, the Respondent no.1 has filed the application seeking amendment of plaint to which the petitioner has filed objections. The Trial Court after

¶175

19 -

¶176

hearing both the sides allowed the application. Aggrieved

¶177

by the same, this writ petition has been filed.

¶178

Heard Counsels for petitioner and Respondent

¶179

No.1. Notices have been served to Respondents No.2 to 80.

¶180

The Learned Counsel for the petitioner would contend that the application is filed after the commencement of the trial and therefore it should not have been allowed.

¶181

It was also contended that the Trial Court has failed to appreciate that by way of amendment the first respondent was trying to introduce a new case by amending the prayer and the said amendment should have been carried out within 3 years from the date of the knowledge of the sale transaction or impleading but amendment was carried after the limitation and as such amendment is not permissible.

¶182

It was further contended that the Trial Court has failed to consider that the amendment sought was for the

¶183

20 -

¶184

inclusion of facts that had taken place between the family of the first defendant and all those factual aspects were well within the knowledge of the first Respondent but the amendment sought was after nearly 7 years and facts causing delay was not explained.

¶185

It was also contended that the trial court has held that if the amendment is permitted to be carried out it would become a comprehensive but failed to appreciate that the cause of action for the suit gets changed and thereby the provisions of Order-6 Rule 17 of the CPC gets obviated and therefore the impugned order is liable to be set aside.

¶186

It can be seen from the impugned order that the Trial Court has given a finding that the proposed amendment relates to elaboration of facts pertaining to non-execution of sale deed by defendant no.1 inspite of having obtained the decree for partition and further found that the amendment intends to bring on record the additional cause of action.

¶187

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¶188

It can be further seen from the impugned order

¶189

that the Trial Court, by observing that the present suit is for specific performance and it is necessary to determine whether defendant no.1 executed agreement of sale in favour of the plaintiff and whether plaintiff is entitled for the relief of specific performance, expressed its view that proposed amendment is required to be allowed so as to determine the real question in controversy.

¶190

Further, the Trial Court has considered the decisions placed before it and held that the facts of the present case and the facts of the cases relied upon are different and therefore not applicable to present case.

¶191

The Trial Court has given its view clearly that the proposed amendment does not intend to bring new case and amendment makes the suit comprehensive and further expressed that even if proposed amendment is allowed, the nature of the suit will remain unharmed. The Trial Court has also observed that if amendment is not allowed to be carried out inconvenience would be caused and if its allowed, the defendants too will have the

¶192

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¶193

opportunity to contest the matter and get the same decided on merits.

¶194

On hearing the submissions of the learned counsels for both the parties, on perusal of the material placed on record and on perusal of the impugned Order dated 01.09.2021 on I.A. No.25 under Order VI Rule 17 read with section 151 of CPC in O.S. No.356/2014 on the file of Additional Senior Civil Judge and JMFC at Magadi, it appears that the trial Court has passed well reasoned Order and no need to intervene in the impugned Order.

¶195

The writ petitioner fails to substantiate his contentions and there is no perversity or erroneousness in the Order passed by the trial Court. Accordingly, the writ petition is dismissed.

¶196

Sd/(DR.K.MANMADHA RAO) JUDGE

¶197

BNV

Sri Subbarayappa v. Smt Shakuntahla

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Sri Subbarayappa v. Smt Shakuntahla

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