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2016 Supreme(Kar) 125

ARAVIND KUMAR
Bijith International Builders – Appellant
Versus
Dias Varghese C. – Respondent


Advocates Appeared:
For the Appellant :Padubidri R. Mohan Rao, Advocate.
For the Respondent:T.V. Vijay Raghavan, Advocate.

ORDER :

Aravind Kumar, J.

1. This writ petition is directed against the order dated 18.08.2015 passed on I.A. No. 3 in O.S. No. 3204/2013 by IX Addl. City Civil and Sessions Judge, Bangalore - Annexure-A whereunder trial Court has rejected I.A. No. 3 filed by third defendant seeking amendment of written statement.

2. Respondents-1 and 2 herein have filed suit for specific performance of agreement of sale dated 23.06.2010 against defendants-1 and 2 represented by third defendant and seeking for execution of sale deed in favour of plaintiffs-1 and 2 jointly in respect of Schedule 'B' property. Defendants-1 and 2 have filed their written statement as per Annexure-C and so also third defendant as per Annexure-C1 and all defendants have denied the averments made in the plaint. After commencement of trial, third defendant has filed an application - I.A. No. 3 under Order 6 Rule 17 CPC - Annexure-D seeking for amendment of written statement. Said application came to be opposed by plaintiffs by filing detailed statement of objections - Annexure-E and trial Court by impugned order dated 18.08.2015 - Annexure-A has dismissed the said application.

3. It is the contention of Sri Mohan Rao, learned




















































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