ORDER

1. The petitioner is before this Court under Article 227 of the Constitution of India assailing the order dated 16.03.2019 on I.A.No.28 filed under Order 6 Rule 17 of CPC in O.S.No.1064/2010 on the file of the Prl. Civil Judge and JMFC, Belagavi.

2. The petitioner states that he was originally defendant No.3 and he was transposed as second plaintiff by order dated 23.03.2016. When he was transposed as plaintiff No.2 the suit was at the stage of evidence of plaintiff. When the matter stood at the stage of cross-examination of DW.1, the petitioner/plaintiff No.2 filed an application seeking amendment under Order 6 Rule 17 of CPC. The plaintiff sought amendment as follows:

“(1) At para No.5, after 5th line the below mentioned sentences may kindly be deleted

“That in the suit schedule ‘B’ properties i.e., in agricultural lands, the defendant No.1 has got half share including the plaintiff and def endant No.2 to 6, and half share remain to the share of Umabai W/o Bharma Gundkal, who is the aunt of the plaintiff and defendants No.2 to 6, who is the wife of defendant No.1’s brother and as such the said Umabai is residing separately and got half share separately out of schedule ‘B’ prope