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2024 Supreme(Online)(Kar) 40046

KARNATAKA HIGH COURT
M.A. VEDAVALLI – Appellant
Versus
M.A. SREENIVASAN – Respondent


ORDER

Defendant Nos.1 and 2 in O.S.No.3294/2002 on the file of the learned XLIV Additional City Civil and sessions Judge, Bengaluru (hereinafter referred to as 'the trial Court' for brevity), is impugning the order dated 28.02.2019, allowing the application I.A.No.20 filed under Order VI Rule 17 r/w Section

151 of CPC.

2. Heard Sri Dhyan Chinnappa, learned Senior Advocate for the petitioners. Learned counsel for the respondent has not addressed his arguments inspite of granting sufficient opportunity. Perused the materials on record.

3. Learned Senior Advocate for the petitioners submits that the suit is basically for partition and separate possession of one item of the property, against the defendants. I.A.No.19 was filed seeking amendment of the plaint under Order 6 Rule 17 r/w Section 151 of CPC to incorporate separate paragraphs by deleting the existing one and also to replace the plaint schedule with the new one. The said application came to be rejected vide a detailed order dated 07.08.2015. The said order was never challenged by the plaintiff. However, later I.A.No.20 came to be filed with similar prayer with different wordings to incorporate additional paragraphs, to delete ex

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