The petitioner, defendant No.8 in O.S.No.230/2007

on the file of II Additional Civil Judge, Bengaluru Rural

District, Bengaluru (for short, ‘Trial Court’) is before this

Court under Article 227 of the Constitution of India

challenging

the

order

dated

30.06.2023

allowing

IA.No.1/2023 filed by the respondent No.1/plaintiff under

Order VI Rule 17 of CPC to amend the plaint to include

additional facts and additional prayers including prayer for

possession.

Heard learned

counsel Sri.K.K.Vasanth for

petitioner/defendant No.8 and learned counsel Sri.Rama

Reddy.B.C., for respondent No.1/plaintiff. Perused the writ

petition papers.

Learned

counsel

Sri.K.K.Vasanth

for

petitioner/defendant No.8 would submit that the suit as

filed by respondent No.1/plaintiff was one for permanent

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injunction restraining the defendants from interfering with

plaintiff’s possession and enjoyment of the suit schedule

property

and

for

permanent

injunction

restraining

defendant Nos.7 and 8 from alienating or creating any

charge over the suit schedule property. After filing of the

written

statement,

respondent

No.1/plaintiff

filed

application for amendment under Order VI Rule 17 of CPC

to include addition