KARNATAKA HIGH COURT
VIJAYKUMAR A.PATIL, J
SHIVANAND S/O. SIDRAMAPPA DANGI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT – Appellant
Versus
MURIGEPPA S/O. PARAPPA MUGATI, SINCE DECEASED REP. BY HIS LR’S. – Respondent
| Table of Content |
|---|
| 1. legal arguments presented regarding the amendment to the plaint. (Para 2 , 3) |
| 2. court's observations on the validity of the amendment. (Para 4 , 5) |
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
“i) Issue a writ in nature of certiorari or any other appropriate writ and quash the impugned order passed on I.A.No.6 dated 28/02/2019 in O.S.No.63/2012 pending on the file of the Prl. Civil Judge & J.M.F.C. Mudhol produced at Annexure-F, in the interest of justice and equity.
2. Sri.Mahantesh R.Patil, learned counsel for the petitioners submits that the petitioners filed an application for amendment of the plaint seeking to insert a clause “Up to Ghataprabha River on its West” in paragraph No.10(a) after the survey numbers. However, the trial Court erroneously rejected the same on the ground that no documents were placed in support of the amendment. It is submitted that the proposed amendment is filed at the earliest stage of the proceedings and it is in the clarificatory nature. Hence, he seeks to allow the petition.
4. I have heard the arguments of the learned counsel for the petitioners, the learned counsel for the respondents and meticulously perused the material ava
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