HIGH COURT OF KARNATAKA
S.R. KRISHNA KUMAR
FAKKIRAPA S/O KARABASAPPA CHANTNI – Appellant
Versus
NABISAB S/O HUCHCHESAB SANNAMANI – Respondent
This writ petition is directed against the impugned order
dated 27.01.2023 passed in O.S. No. 57/2012 by the Sr. Civil
Judge & JMFC, Kalaghatagi, whereby the application filed by the
respondent No.1-plaintiff under Order VI Rule 17 CPC seeking
amendment of the plaint was allowed by the trial Court.
I have heard learned counsel for the petitioner and perused
the material on record.
The material on record discloses that the respondent No.1/
plaintiff instituted the aforesaid suit O.S. No. 57/2012 for specific
performance and other reliefs in relation to the suit schedule
immovable property. In the said suit, initially respondents No.2 to 7
were arrayed as defendants and the suit having been partly
decreed by the trial Court vide judgment and decree dated
04.07.2018, the respondents/ defendants preferred an appeal
which was allowed by the first appellate Court and the matter
remitted back to the trial Court for reconsideration afresh vide
judgment dated 26.01.2021 passed in R.A. No. 176/2018.
Subsequent to remand, the respondent No.1/plaintiff filed the
instant
application
seeking
amendment
of
the
plaint
by
- 4 -
incorporating certain events that had transpired during the
penden
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.