The petitioners are before this Court seeking for the

following reliefs:

a) Issue an order or direction or writ in the nature of certiorari,

quashing the impugned order I.A.No.22 dated 04.03.2022

passed by the learned Civil Judge & JMFC, Siruguppa, in

O.S.No.32/2013, vide Annexure-L, by allowing the I.A. as

prayed for.

b) Pass other appropriate order whichever deems fit to this

Hon’ble Court, under the facts and circumstances of the

case.

The suit in O.S.No.32/2013 has been filed seeking

for a declaration that the plaintiffs are the absolute

owners of the suit schedule property to an extent of

3.43 acres, directing the defendant to execute a

rectified registered sale deed with correct survey

number etc.

When the matter was posted for cross-examination

of DW2 an application under Order 6 Rule 17 of Code

of Civil Procedure, 1908 was filed seeking for

amendment

of

the

plaint

in

the

amendment

application, there are three amendments which have

been sought for, namely:

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i)

Correction of the date of sale deed from

29.06.1997 to 29.06.1977.

ii)

Correction of an extent of land from 3.42

acres to 4.50 acres and;

iii)

Substitution of the schedule plaint.

The said application having been opposed, came to

be rejected by the trial Court on the ground that the

application is a post trial application, there is no due

diligence which has been expressed and established

by the plaintiff at the time of filing of the application.

The suit having been filed in the year 2013 and the

application having been filed after a period of nine

years is belated and as such, dismissed the

application. It is aggrieved by the same the

petitioner is before this Court.

Sri. Gode Nagaraja, learned counsel appearing for

the petitioner would submit that it is by inadvertence

that the date of the sale deed has been wrongly

mentioned as 29.06.1997 when it ought to be

29.06.1977, the same being a typographical error it

ought to be corrected. As regards the corrections of

the extent of land from 3.42 acres to 4.50 acres, he

submits that this it is also a typographical error and

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therefore

needs

correction.

As

regards

the

substitution of the schedule, he submits that the said

schedule is as per the sale deed dated 29.06.1997.

The declaration of title is sought with reference to

the sale deed. There is a mistake which has

happened in the plaint and as such it is also needs to

be corrected by allowing the amendment.

6.

Sri.T.M.Nadaf, learned counsel who has filed caveat

for respondent No.3 and has accepted notice for the

other respondents submits that the extent of land

which is claimed to be 3.42 acres has been explained

in the plaint as to why it is 3.42 and therefore, it is

not a mere simple correction as sought to be

contended by the counsel for the petitioner. As

regards the substitution of the schedule he submits

that there were earlier suits which were filed

between the parties relating to specific performance

which had been filed, where the property details had

been as per what is produced at the schedule. There

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is no mistake which has occurred in as much as the

claim of the plaintiff has always been as regards the

properties described in schedule to the plaint and

therefore the same also does not require any

correction by way of amendment.

7.

Heard Sri. Gode Nagaraja, learned counsel for the

petitioners and Sri. T. M. Nadaf, learned counsel

appearing for respondent No.3 and perused papers.

8.

The first amendment which has been sought for by

the plaintiffs is as regards correction of the date of

the sale deed from 29.06.1997 to 29.06.1977. A

perusal of para three of the plaint indicates that the

sale

deed

has

been

mentioned

as

document

No.969/77-78 dated 29.06.1997. The fact that the

document number is of the year 1977-78. I am of

the considered opinion that there is a typographical

error in giving the date and as such this date is

required to be corrected since admittedly it is the

said document No.969/77-78 which is on record and

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continuance