ORDER

This petition by defendant No.9 in O.S.No.1645/2012 on the file of the LXVIII Addl. City Civil and Sessions Judge, Bengaluru [for short, ‘the trial Court] is directed against the impugned order passed on IA No.4, whereby the said application filed by respondent No.1 - plaintiff under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 seeking amendment of the plaint was allowed by the trial Court.

2. Heard the learned counsel for the petitioner and perused the material on record.

3. For the order proposed, notice to the respondents is dispensed with subject to the risk of the petitioner.

4. The material on record discloses that the first respondent - plaintiff instituted the aforesaid suit against the petitioner – defendant No.9 and other defendants for declaration, injunction and other reliefs in relation to the suit schedule immovable property. In the said suit, the petitioner has been arrayed as defendant No.9 and he is contesting the suit. After commencement of trial, respondent No.1 – plaintiff filed the instant application seeking amendment of the plaint by incorporating/adding a relief of possession along with corresponding pleadings in this regard