In the High Court of Karnataka, Dharwad Bench

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19 TH DAY OF NOVEMBER 2014 BEFORE THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION No.109001/2014 (GM-CPC) BETWEEN THE PRESIDENT DEVANG SAMAJ KAMATAGI, R/BY HEMANT S/O. SHANKRAPPA MADABAL, AGE: 53 YEARS, OCC: WEAVING, R/O. KAMATAGI, TQ: HUNAGUND, DIST: BAGALKOT ..... PETITIONER (BY SRI P N HOSAMANE, ADV.) AND 1. RAMANNA S/O HANAMATAPPA RADDER, AGE: 76 YEARS, OCC: AGRICULTURE, R/O. KAMATAGI, TQ:HUNAGUND, DIST: BAGALKOT 2. ALLASAB S/O. SANNAHUSENASAB PINJAR, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. KAMATAGI, TQ:HUNAGUND, DIST: BAGALKOT 3. RAMESH S/O. MUDAKANAPPA CHOUDAPUR, AGE: 47 YEARS, OCC: WEAVING, R/O. KONNUR, TQ: JAMAKHANDI, DIST: BAGALKOT 2 4. YALLAPPA S/O. KARIYAPPA TOGUNASHI, AGE: 44 YEARS, OCC: GOUNDI, R/O. KAMATAGI, TQ: HUNAGUND, DIST: BAGALKOT 5. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT KAMATAGI, R/O. HUNAGUND, DIST: BAGALKOT 6. THE PRESIDENT, GRAM PANCHAYAT KAMATAGI 7. THE STATE OF KARNATAKA, R/BY DISTRICT COMMISSIONER, BAGALKOT, NAVANAGAR, DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT ..... RESPONDENTS (BY SRI MRUTYUNJAY TATA BANGI, ADV. FOR C/R-3 AND R-1, R-2, R-4 SMT. VEENA HEGDE, HCGP FOR R-7) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 06.08.2014, PASSED BY PRL. CIVIL JUDGE & JMFC., HUNAGUND ON I.A.NO.6 FILED U/O.6 RULE 17 OF CPC., IN O.S.NO.155/2013, MARKED AS PER ANNEXURE-E TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING : ORDER The first defendant in O.S.No.155/2013 on the file of Civil Judge (Sr.Dn.), Hungund has come up in this petition impugning the order dated 06.08.2014 in allowing 3 I.A.No.6 filed under Order 6 Rule 17 of C.P.C. seeking permission to amend the plaint. 2. The Brief facts leading to this petition are as under: The suit in O.S.No.155/2013 is filed By respondents 1 to 4 herein for the relief of declaration and permanent injunction with reference to suit schedule properties. In the said suit, an application is filed under Order 39 Rule 2 of C.P.C. seeking to restrain the first defendant from putting up construction on the suit schedule property pending disposal of the suit. Initially ad-interim injunction was granted in favour of plaintiff and the same was suBsequently vacated. As against the order vacating interim injunction, respondents 1 to 4 herein filed an appeal in M.A.No.1/2013 on the file of Senior Civil Judge, Hungund, which came to Be allowed. Thereafter respondents 1 to 4 filed an application in I.A.No.6 seeking to amend the pleadings in O.S.No.155/2013, to Bring on record suBsequent developments taken place after filing of 4 the suit. The amendment to pleadings is with reference to the manner in which construction work on the suit schedule property was sought to Be completed By 1st defendant/petitioner herein at Breakneck speed. The said application came to Be allowed By order dated 06.08.2014 which is impugned in this writ petition By 1 st defendant. 3. Heard the leaned counsel for the petitioners as well as counsels appearing for contesting respondents 1 to 4. On going through the pleadings and also the order impugned, it is clearly seen that the additional pleadings which the respondents 1 to 4 herein trying to Bring on record in the suit filed By them in O.S.No.155/2013 are already on record in the form of applications and affidavit filed in support of the applications and also in the grounds of appeal in M.A.No.1/2013 on the file of Civil Judge (Sr.Dn.) Hungund. Therefore, the same would enure to the Benefit of the petitioners herein as and when the matter is taken up for evidence, as they are part of the Court record. Hence, to seek amendment of the plaint to 5 Bring suBsequent developments as additional pleadings in the suit is unwarranted. Accordingly, the order dated 06.08.2014 in allowing I.A.No.6 is quashed By allowing this writ petition. SD/- JUDGE Naa.

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