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2024 Supreme(Online)(KAR) 21335

HIGH COURT OF KARNATAKA
SRI. B. M. JAGADISHA – Appellant
Versus
SMT. SAVITHRAMMA – Respondent


ORDER

The plaintiff in O.S. No.6/2013 on the file of the Civil Judge and JMFC., Periyapatna, (henceforth referred to as 'the Trial Court') has filed this petition challenging the correctness of an order dated 14.02.2020 by which an application (I.A. No.XXIV) filed by him under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') was rejected.

2. The suit in O.S. No.6/2013 was filed for partition and separate possession of his half share in the suit schedule properties and for declaration that the sale deeds dated 07.03.2009 and 08.07.2004 executed in favour of the defendant Nos.5 and 6 in respect of suit item Nos.5 and 6 properties were null and void and were not binding on him.

3. The suit was contested by the defendants.

4. At the fag end of the proceedings, the plaintiff filed an application (I.A. No.XXIV) under order VI Rule 17 of CPC to amend and rectify a superficial error in the pleadings and in the prayer portion of the plaint.

5. This application was opposed by the defendant Nos.1 to 3 contending that the application is filed only to protract the proceedings.

6. The Trial Court heard the learned counsel for the plaintiff and learned coun

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