A.V. CHANDRASHEKARA, J.

1. The present petition is filed under Article 227 of Constitution of India challenging the order passed by the learned Civil Judge and JMFC, Belur on I.A. 5 filed under Order 6 Rule 17 of CPC in FDP 3/2004, petition filed under Order 20 Rule 18 of CPC seeking final decree on the basis of a preliminary decree passed in a partition suit bearing O.S. 187/1997. The said application filed by the petitioner-plaintiff under Order 6 Rule 17 of CPC has been allowed and permission is accorded to bring one more property in schedule appended to the plaint in a petition filed in FDP 3/2004.

2. The said application under Order 6 Rule 17 of CPC had been filed by the plaintiff Smt. Lalitha, respondent No. 1 herein with a request to include 3.30 acres of agricultural land in Sy. No. 128 of Madhagatta Village, Belur Taluk, Hassan District, since she had left out the land to be included to the schedule appended to the O.S. 187/1997 filed by her. According to her, this 3.30 acres of land in Sy. No. 128 of Madhagatta Village, Belur Taluk, Hassan District belonged to her father and she was not aware of same when suit was filed and therefore she had requested the court to in