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2023 Supreme(Online)(Kar) 38089

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

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