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2021 Supreme(Kar) 520

S.R.KRISHNA KUMAR
Doddahanumaiah, S/o. Late Chikkanna – Appellant
Versus
Kodandaramaiah, S/o. Chikkahanumaiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Dr. Prajwal K. Aradhya, Advocate for Sri. S.Kalyan Basavaraj, Advocate

ORDER :

This petition is directed against the impugned order dated 30.06.2015 passed in O.S.No.335/2011 on the file of the II Additional Civil Judge and JMFC, Magadi, whereby the trial Court allowed I.A. No. IV filed by respondents 1 and 2 under Order VI Rule 17 CPC seeking amendment of the plaint.

2. Heard the learned counsel for the petitioners and perused the material on record. The respondents having been served have chosen to remain unrepresented and they have not contes ted the petition.

3. The material on record indicates that it is not in dispute that the respondents 1 and 2 were the plaintiffs in the aforesaid suit filed by them for partition and separate possession of their alleged share in the suit schedule properties and for other reliefs.

4. A perusal of the plaint indicates that respondents 1 and 2/plaintiffs have claimed 1/4th equal share in the 1/3rd share of their father who is arrayed as 3rd defendant in the said suit. During the pendency of the suit, respondents 1 and 2 moved the aforesaid application IA No.IV seeking amendment of the plaint. Though the said application was opposed by the petitioners herein, who were arrayed as defendants 2 to 5 in the suit, the tria

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