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KARNATAKA HIGH COURT
MS. JYOTI MULIMANI, J
BASAPPA CHANNAPPA GOKAK – Appellant
Versus
SMT.AMBABAI W/O NARAHARI DESHPANDE – Respondent
| Table of Content |
|---|
| 1. arguments on amendment rejection (Para 3 , 5) |
| 2. amendment application necessity (Para 4 , 6) |
| 3. judgment on rejection of amendment application (Para 7) |
| 4. final ruling on the writ petition (Para 8) |
ORAL ORDER
2. The captioned Writ Petition is filed seeking a Writ of certiorari to quash the impugned order dated 28.11.2019 passed by the Court of the 1st Additional Senior Civil Judge and CJM., Dharwad on I.A.No.XXV in O.S.No.58/2011 vide Annexure-E and consequently allow the I.A.No.XXV filed under order VI Rule 17 of CPC read with Section 151 of CPC vide Annexure-C.
4. The short facts are these:
5. Counsel for the respective parties urged several contentions.
Next, he submits that the proposed amendment sought by the plaintiff will not change in the nature of the suit and will not take the jurisdiction of the Court.
Lastly, he submits that rejection of the application by the Trial Court is bad in law. Hence, he submits that the Writ Petition may be allowed.
6. Heard the arguments and perused the writ papers with care.
Counsel Sri.R.H.Angadi., submits that the plaintiff is not pressing paragraphs 8 to 11.
8. Resultantly, the Writ Petition is rejected.
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