Sri Niroop D J Vs Hanuma Naika

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED MARCH 10, 2021 ON THE INTERLOCUTORY APPLICATION FILED UNDER ORDER 6 RULE 17 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, O.S.NO.108/2018 IN THE COURT OF THE I ADDL CIVIL JUDGE, AND JMFC AT CHIKAMAGALURU AS PER ANNEXURE-E & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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This petition is filed seeking the following reliefs:

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“a) Set aside the impugned order dated March 10, 2021 on the interlocutory application filed under order 6 rule 17 R/w. section 151 of the Code of Civil Procedure, 1908, O.S.No.108/2018 in the Court of the I Additional Civil Judge & JMFC, at Chikamagaluru as per Annexure-E.

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b) Allow interlocutory application filed by the petitioner under order 6 rule 17 R/w. section 151 of the Code of Civil Procedure, 1908, O.S.No.108/2018 in the Court of the I

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NC: 2026:KHC:35031 W.P. No.17777/2021

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HC-KAR

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Additional Civil Judge & JMFC, at Chikamagaluru. Under Annexure “C”.

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c) grant such other relief/s as this Hon’ble Court may deem fit, in the circumstances of the case, for the ends of justice.”

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Heard Sri.Basavanna K.M., learned counsel for

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the petitioners, Sri.Prakash M. H., learned counsel for respondent No.1 and meticulously perused the material on record.

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The petitioners filed a suit in OS.No.108/2018 seeking the relief of permanent injunction against the respondents. In the said suit, defendants filed a detailed written statement denying the averments made in the plaint. Thereafter, the plaintiffs filed an application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’) seeking amendment of the plaint with regard to the chakbandis described in the schedule to the plaint. The said application came to be dismissed by the trial Court. It is to be noticed that the plaintiffs intended to add some of the names in the

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NC: 2026:KHC:35031 W.P. No.17777/2021

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HC-KAR

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chakbandi to the schedule, in addition to the names existing and the said addition is sought based on the sale deed produced as Annexure-A.

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In my considered view, allowing such an application which is filed at the earliest stage of the proceedings, would not cause any prejudice to the other side. The amendment neither changes the nature of the suit nor changes the cause of action or the relief sought in the plaint. Hence, I proceed to pass the following:

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ORDER

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i. The writ petition is allowed.

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ii. The impugned order dated 10.03.2021 passed on IA.No.2 in OS.No.108/2018 by the I Additional Civil Judge and JMFC, Chikamagalur is hereby set aside. Consequently, application filed by the plaintiffs under Order VI Rule 17 of the CPC is allowed.

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