The amendment of pleadings is permitted to clarify claims and ensure proper adjudication of disputes, especially when no trial has commenced, and does not change the suit's nature.

ORDER :

S.R. Krishna Kumar, J.

This petition by the defendant in O.S.No.697/2023 on the file of the VI Additional Civil Judge and VII JMFC, Tumakuru (hereinafter referred to as ‘the Trial Court’ for short) is directed against the impugned order passed in I.A.No.III, whereby the said application filed by the respondent – plaintiff under Order VI Rule 17 of CPC seeking amendment of the plaint was allowed by the Trial Court.

2. Heard learned counsel for the petitioner and perused the material on record.

3. For the order proposed, notice to respondent is dispensed with.

4. A perusal of the material on record will indicate that the respondent – plaintiff instituted the aforesaid suit against the petitioner – defendant for temporary injunction and other reliefs in relation to the suit schedule immovable properties. The said suit having been contested by the defendant, plaintiff examined himself as PW-1 and at the stage of further cross examination in chief, the respondent – plaintiff filed the instant application seeking amendment of plaint by seeking the prayer of declaration of the title together with pleadings in this regard. The said application having been opposed by the defendant, the Trial Court proceeded to pass the impugned order on I.A.No.III by holding as under:

“ORDER ON I.A. NO. III UNDER ORDER VI RULE 17 OF CIVIL PROCEDURE CODE

This is the application filed by the plaintiff seeking the relief permit him to amend the plaint as stated in the proposed amendment application, in the interest of justice and equity.

PROPOSED AMENDMENT AS SOUGHT FOR

(1) After para No.1 of the plaint insert the following paras.

1(a) Originally the land bearing Sy.No. 125 measuring about 4 acres 33 guntas and land bearing Sy.No.126 masuring about 4 acres 04 guntas totally measuring about 7 acres 0- 07 which are abutting to each other situated at Hullenahalli Village, Gulur Hobli, Tumakuru Taluk belongs to one Thimmegowda son of Thimmegowda. After the death of said Thimmegowda son of Thimmegowda his sons namely (1) First son Kenchaiah @ Ajjaiah, (2) Second son Kenchaiah and mother Kenchaiah @ Helavaiah died his minor sons Bhairamma, as their natural guardian. (3) Third son Gangalah through their Thimmappalah. (4) Fifth son Gangalah, (5) Sixth son Thimmegowda.

Have divided all their family properties through a Registered Partition deed dated 05.11.1964. The fourth son of Thimmegowda son of Thimmegowda i.e.. Thimmalah had already about 8 years back of partition deed had taken his share and residing separately with his family members.

In that partition deed the sons of Thimmegowda son of Thimmegowda have jointly divided both the lands by allotting.

(a) 2-00 acres of land in both Sy.No.125 and 126 for the share of first son Kenchaiah Ajjalah.

(b) 1-00 acre of land in both Sy.No. 125 and 126 for the share of second son Kenchaiah @ Helavaiah died his minor sons Kenchaiah and Gangalah through their mother Bhairamma, as their natural guardian.

(c) 1-00 acre of land in both Sy.No.125 and 126 for the share of third son Thimmappaiah.

(d) 1-00 acre of land in both Sy.No. 125 and 126 for the share of the fifth son Gangaiah.

(e) 2-00 acre 07 guntas of land in both Sy.No. 125 and 126 for the share of sixth son Thimmegowda.

1(b) Later the sixth son of Thimmegowda i.e.. Thimmega had sold 1 acre 04 guntas of land in Sy. No. 125 and 1 acre 03 guntas of land in Sy.No.126 10 the possession of the same was delivered to the purchaser on H.Kempaiah uner a Registered Sale Deed dated 27.12.1969 same day itself.

Subsequently H.Kempaiah had sold land of 1 acre 04 gunt in Sv. No. 125 to his wife Puttahanumakka under a Registered S Deed dated 26.07.1971 and later on dated 12.12.1972 boo Puttahanumakka and her husband H.Kenchalah have jointly s 1 acre 04 guntas of land in Sy.No.125 and 1 acre 03 gu