KARNATAKA HIGH COURT - BENCH AT KALBURAGI
SMT. BORAMMA W/O BASAVARAJ CHOWDARI AND ORS – Appellant
Versus
GOURABAI W/O MALLANAGOUDA METI AND ORS – Respondent
This petition by the defendants in O.S.No.47/2019 is
directed against the impugned order dated 14.02.2020 passed
by the Senior Civil Judge & JMFC at Shorapur (for short, ‘the
3
trial court) whereby the application filed in I.A.No.11 by the
petitioners/defendants under Order VI Rule 17 of the CPC for
amendment of written statement was rejected by the trial
court.
2.
Heard the learned counsel for the petitioners and
the learned counsel for the respondents and perused the
material available on record.
3.
The respondents-plaintiffs having been served
with the notice of this petition have chosen to remain
unrepresented and have not contested the petition.
4.
The material on record discloses that the
respondents-plaintiffs instituted the aforesaid suit for partition
and separate possession of their alleged share in the suit
schedule immovable properties and for other reliefs.
5.
The petitioners-defendants having filed their
written statement contested the suit. The respondents-
plaintiffs adduced their oral and documentary evidence
pursuant to which the matter was posted for evidence of the
4
petitioners/defendants. At that stage, the petitioners moved
the instant application in I.A.N
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