This petition by defendant no.1 in O.S.No.687/2018 is

directed against the impugned order on I.A.No.VII dated

19.10.2022 on the file of the Principal Senior Civil Judge & CJM,

Mysuru whereby, the said application filed by respondent nos.1 to 4

- plaintiff under Order VI Rule 17 of CPC seeking amendment of

plaint was allowed by the trial Court.

Heard the learned counsel for the petitioner and

learned counsel for respondents.

The material on record discloses that respondent nos.1

to 5 - plaintiffs instituted the aforesaid suit for declaration,

permanent injunction, mandatory injunction and other reliefs in

respect of suit schedule A & B immovable properties. The said suit

being contested by the petitioner - defendant no.1 along with other

defendants, at the stage of further evidence of the plaintiff,

respondent nos.1 to 4 - plaintiffs filed the instant application

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(I.A.No.VII) seeking amendment of the plaint by incorporating

subsequent events that allegedly transpired during the pendency of

the suit and also by adding additional reliefs in this regard. The said

application having been opposed by the petitioner - defendant no.1,

the trial Court proceeded to pass the impugned order allowing

I.A.No.VII by holding as under:

"ORDERS ON I.A.NO.VII

FILED UNDER ORDER VI RULE 17 OF CIVIL

PROCEDURE CODE FILED DURING STAGE OF

FURTHER EVIDENCE OF PLAINTIFF

That, the Plaintiff has filed instant application

u/Order VI Rule 17 of Civil Procedure Code for amendment

of plaint at the stage of Plaintiff further evidence as

reflected in Plaint with proposed amendment adverted infra

to insert Para-10(a):-

i.. The 2nd defendant said Raju was illegally

encroached plaintiff's 'A' schedule property and

constructed in the East part of the 'A' schedule

property to an extent about North to South: 30 feet and

East to West: 30 feet approximately and construct a

house during the COVID-19 lockdown period when the

plaintiff are not in the station since in the COVID

lockdown period the plaintiff's one of the relative was

affected COVID. Hence he went here to take care of

him. During this period the Raju the 2 defendant

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illegally encroached plaintiff's 'A' schedule property

and constructed a house, the boundaries are:

North: Door No.29, Private House

property.

South: Drainage and Road and

vacant site.

East: Drainage.

West: The plaintiff's rest of the land property of 0-

05 guntas which was illegally fenced and

encroached by the 1st defendant and

then Door No.41/1, 3-A, Private House

Property situated.

ii. Amendment sought to be carried out in the prayer

column:-

After the sentence of 'this Hon'ble Court pleased to

pass the Judgment and Decree in favour of the

"plaintiff against the defendant" insert the word the

Defendants 1 and 2 instead of Defendant and further

after (c) Prayer column insert the following Para as (C-

1).

(C1) Granting the Mandatory Injunction against the 2

Defendant by direct to remove the Pakka constructed

house and compound Wall made by the 2nd Defendant

and in the area of C-schedule property and which if the

2nd

Defendant

does

not

remove

the

illegal

construction made over by as ordered then the Hon'ble

Court pleased an order or orders that by the help of

Jurisdictional Police, those constructions made over in

the schedule property have to be removed in presence

of Jurisdictional Police at the cost of the 2nd

Defendant further the Plaintiff in this regard may also

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be recovered the cost and expense from the 2d

Defendant as according to provisions of Law.

C-Schedule:

North: Door No.29, Private House

Property.

South: Drainage and Road and vacant

site.

East: Drainage.

West: The Plaintiff's rest of the land property of

0-05 guntas which was illegally fenced

and encroached by the 1" Defendant

and then Door No.41/1, 3-A, Private

House Property situated.

The 2nd Defendant purposefully with a malafde intention

and bad-motive he construct a Pakka house in COVID-19

lock down period of