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2023 Supreme(Kar) 1198

S. G. PANDIT
S Muralikrishna – Appellant
Versus
Lakshmi – Respondent


Advocates appeared:
D.L.Jagadeesh, Advocate, Omran Khan, Advocate, H.N.Divya Tej, Advocate, R.Kothwal, Advocate, V.R.Sadashiva Reddy, Advocate, J.M.Rajanna Shetty, Advocate

JUDGMENT

1. The petitioner, defendant No.1 in O.S.No.5335/2014 on the file of the XII Additional City Civil and Sessions Judge at Bengaluru City (CCH-27), Bengaluru (for short, 'Trial Court') is before this Court against order dtd. 3/6/2023 allowing I.A.No.19 filed under Order VI Rule 17 of CPC to amend the plaint to include additional averments as well as to add additional prayer.

2. Heard the learned senior counsel Sri.Y.R.Sadasiva Reddy for Sri.J.M.Rajanna Shetty, learned counsel for petitioner/defendant No.1, learned senior counsel Sri.D.L.Jagadeesh for Sri.Omran Gulam Ahmed Khan, learned counsel for respondent No.1/plaintiff and learned counsel Sri.H.N.Divya Tej, for Sri.R.Kothwal, learned counsel for respondent No.2/defendant No.2. Perused the writ petition papers.

3. Learned senior counsel for the petitioner/defendant No.1 would submit that suit of the respondent No.1/plaintiff as originally filed was for partition of suit schedule properties and to allot 1/3rd share in the suit schedule properties and for accounts. It is submitted that the petitioner/defendant No.1 filed written statement. Learned senior counsel would submit that during pendency of the suit, the parties to t

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