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
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