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2022 Supreme(Online)(Kar) 53252

B N SUNIL KUMAR – Appellant
Versus
D VIVEKANANDA – Respondent


The petitioners aggrieved by the order dated

13.12.2021 passed in O.S.No.280/2014 by the Additional

Senior Civil Judge, C.J.M., Tumakuru has filed this writ

petition.

Brief facts leading to filing of this petition are

as under:

Respondent No.1 filed a suit in O.S.No.280/2014 for

the relief of partition and separate possession against the

petitioners and other respondents. Petitioner Nos.1 and 2

filed the written statement. The trial Court framed the

issues. Thereafter, the respondent was examined as PW.1

and examined one witness as PW.2. The petitioners have

adduced their evidence. During the course of preparation

for adducing evidence of DW.2 it was found that the

proposed amendment was not pleaded in the written

4

statement through oversight. The petitioners have filed an

application seeking for amendment of written statement.

The said application is opposed by respondent No.1. The

trial Court after hearing the parties rejected the application

filed by the petitioners. Hence, this writ petition.

3.

Heard the learned counsel for the petitioners.

Learned counsel for the petitioners submits

that the petitioners filed an application seeking for

amendment of written statement on the

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