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2021 Supreme(Kar) 686

SACHIN SHANKAR MAGADUM
Premavva Kom. Vasudevagouda Dyamanagoudar – Appellant
Versus
Basavantappa S/o. Veerappa Hosamani – Respondent


Advocates Appeared:
For the Petitioner: Sri. Laxman T. Mantagani.
For the Respondent: Sri. Vidyashankar Dalawai.

ORDER :

The captioned writ petition is filed challenging the order passed by the learned Judge on I.A.No.6 filed under Order 6 Rule 17 r/w Section 151 of CPC.

2. The respondent/plaintiff has filed a suit for specific performance of contract in O.S.No.150/2014 by alleging that the husband of petitioner No.1 and father of petitioner Nos.2 to 4 has executed an agreement for sale on 22.01.2010 for sale consideration of Rs.7,06,815/-. It is also alleged in the plaint that, a sum of Rs.3,50,000/- was paid as earnest money. The present petitioners on receipt of summons contested the proceedings by filing written statement and stoutly denied the very execution of the suit agreement in favour of respondent/plaintiff. During the trial, it appears when the matter was posted for cross-examination of respondent/plaintiff, the petitioners noticed that there is a material alteration in the suit agreement. Having noticed this material alteration, the present petitioners sought for amendment of the written statement to incorporate the alleged material alteration appearing in the suit agreement. The said application was strongly resisted by the respondent/plaintiff. The learned Judge on the sole groun

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