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2024 Supreme(Online)(KAR) 19463

HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
K S JUNJAPPA – Appellant
Versus
M ANANDAPPA – Respondent


Advocates:
SRI SRINIVASA K, ADVOCATE; SRI PRADEEP NAIK K, ADVOCATE FOR C/ R1

ORDER

1. This petition by the plaintiff in O.S.No.405/2019 on the file of the III Additional Senior Civil Judge and J.M.F.C., Devanahalli, concurrent charge II Additional Senior Civil Judge and J.M.F.C., Devanahalli, is directed against the impugned order passed on I.A.No.4, whereby the said application filed by the petitioner – plaintiff under Order VI Rule 17 CPC., for amendment of the plaint was rejected by the Trial Court.

2. A perusal of the material on record would indicate that the petitioner – plaintiff instituted the suit against the respondents – defendants for specific performance and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the respondents – defendants. During the pendency of the suit, the parties entered into a compromise on 25.11.2021, pursuant to which they filed compromise petition on 06.12.2021 and a sum of Rs.10,00,000/- was paid by the petitioner to the respondents who have received the same and realized the amount covered under the said demand draft. Before the compromise petition was accepted by the Trial Court, the petitioner – plaintiff filed the instant application seeking change of the description

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