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2015 Supreme(Kar) 111

B.VEERAPPA
Kasturibai @ Lakkavva – Appellant
Versus
Subhas @ Subhash Reddi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner - P.H.Gotkhindi, Adv.
For the Respondent - N. L. Batakurki, Adv. for R.1, R.2 and R.3notice dispensed with

ORDER :

The above writ petition is filed by the petitioner who is 1st defendant in O.S.45/2011 challenging the order dated 7.1.2015 passed on I.A.10, rejecting his application filed under Order 6 Rule 17 read with Section 151 of Code of Civil Procedure, for amendment of the Written Statement.

2. The 1st respondent who is the plaintiff filed O.S.No.45/2011 for declaration that defendants 3 and 4 are the owners of the suit schedule properties by virtue of being the heirs of the deceased Siddappa Ramappa Sataraddi and Smt.Sushilawwa W/o Siddappa Sataraddi, and for perpetual injunction to restrain defendants 1 and 2 from interfering with peaceful possession and enjoyment of suit schedule properties by plaintiff and defendants 3 and 4. It is contended that plaintiff is the brother of the 4th defendant and 3rd defendant is mother of the plaintiff and defendant4 and he has produced genealogy in para2 of the plaint, which reads as under:

Smt Sushilawwa @ Sushila (1st wife)(died on 27.11.2010)

Smt.Gangawwa (2nd wife) (Deft. No.3)

No Issues

 

Subhas (Plaintiff)

































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