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2022 Supreme(Kar) 937

ASHOK S. KINAGI
D. V. Girija – Appellant
Versus
Venkataiah – Respondent


Advocates appeared:
Umesh Moolimani, Advocate, for the Appellant

JUDGMENT

Ashok S. Kinagi, J. - The petitioner being aggrieved by the order dated 08.09.2021, passed on I.A. No. 6 in O.S. No. 162/2014 by the Addl. Civil Judge & JMFC, Ramanagara, has filed the present writ petition.

2. Brief facts leading rise to filing of this petition are as under:

The petitioner filed a suit in O.S. No. 162/2014 for the relief of perpetual injunction against the respondents. The respondents filed written statement. The Trial Court framed issues. Thereafter the Trial Court has recorded the evidence of petitioner and posted the case for cross-examination of DW-1. At that stage, the petitioner filed an application seeking for amendment of plaint. In support of the application, the petitioner has filed an affidavit stating that the petitioner came to know that some error has crept in the plaint. Though the petitioner has acquired suit schedule property measuring 30 guntas under gift deed, due to oversight, the petitioner has stated that the petitioner has acquired the suit schedule property under registered sale deed. The said 30 guntas of land consists of 2 portions with separate boundaries. But in the schedule only one boundary has been mentioned instead of mentioni

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