This writ petition is filed by the plaintiff challenging the

order dated 22.06.2019 passed in OS No.201 of 2018 on the file

of the Additional Civil Judge at Hiriyur, dismissing the application-

IA.II, filed under Order 6 Rule 17 of Code of Civil Procedure.

2.

The relevant facts for adjudication of this petition are

that, the plaintiff has filed a suit for permanent injunction against

the defendant in respect of suit schedule property. The defendant

entered appearance and filed written statement. The plaintiff has

filed IA.II under Order 6 Rule 17 of Code of Civil Procedure to

amend the khata number of the suit schedule property in the

plaint. The said application was resisted by the defendant. The

Trial Court, by its order dated 22.06.2019 rejected the application

and feeling aggrieved by the same, plaintiff has presented this

writ petition.

3

3.

I have heard Sri Sundar Raj, learned counsel

appearing for the petitioner, who contended that the property

belonging to the petitioner is khata No.137 and not No.171/138

as reflected in the plaint and therefore, he sought interference of

this court in the impugned order stating that said aspect of the

matter was not considered by the Trial Court.

4.

In the light of the submission made by the learned

counsel appearing for the petitioner, I have carefully examined

the finding recorded by the Trial Court in the impugned order. The

proposed amendment sought for by the plaintiff is with regard to

the schedule, to delete 171/138 by inserting No.137. However,

perusal of the impugned order would indicate, the Trial Court has

observed that the plaintiff has filed application under Order 39

Rule 1 and 2 of Code of Civil Procedure, seeking temporary

injunction in respect of property No.171/138 and that apart, no

documents produced before the Trial Court to substantiate the

fact that, khata bearing No.137 of the suit schedule property is in

the name of plaintiff. In that view of the matter, the Trial Court is

justified in rejecting the application-IA.II made by the plaintiff.

4

Therefore, I do not find grounds to entertain this petition.

Accordingly, writ petition is dismissed as devoid of merits.

Sd/-

JUDGE

SB