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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