SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(KAR) 18739

HIGH COURT OF KARNATAKA
SMT. YASHODAMMA – Appellant
Versus
SMT. SAROJAMMA – Respondent


ORDER

Defendant No.3 in OS No. 1590 of 2015 on the file of the learned XLI Additional City Civil Judge, Bengaluru, is seeking writ of certiorari to quash the order dated 18.07.2017 allowing IA filed under Order VI Rule 17 of CPC and permitting the plaintiffs to amend the plaint.

2. Heard Sri. K.R. Sreenivasa Patavardhan, learned counsel for the petitioner, Sri. Manjunath Hegde, learned counsel for respondent Nos.1 to 6 and Sri T P Srinivasa, learned counsel for respondent Nos.9 to 11 and 14 to 17.

Perused the materials on record.

3. Learned counsel for the petitioner contended that respondent Nos. 1 to 6 as plaintiffs filed the suit OS No. 1590 of 2015 seeking various reliefs, including declaration of their title, to set aside various sale deeds and the decree passed in RFA No.757 of 2013 and for partition and separate possession. A specific stand was taken by the plaintiffs in the plaint that the defendants have failed to redeem the mortgage, therefore the plaintiffs are in adverse possession and enjoyment of the schedule property and perfected their title as such, by operation of law. Later, the application was filed under Order VI Rule 17 of CPC seeking the remove several paragraphs

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top