CAV ORDER

1. The present writ petition is filed seeking to issue writ of certiorari to quash the order dated 23.11.2022 on I.A under Order VI Rule 17 of the CPC passed in O.S.No.123/2014, on the file of the learned Senior Civil Judge, and JMFC Tumakur (‘the trial Court’ for short) and further sought to allow I.A permitting amendment of plaint.

2. The petitioner herein is the plaintiff before the Trial Court and the respondent herein is the defendant before the Trial Court.

3. Heard learned counsel appearing on either side.

4. The brief facts of the case are that:-The plaintiff instituted a suit in O.S.No.123/2014 seeking relief of declaration that the sale deed dated 31.03.2011 vide Book No.I bearing TMK-1-14309-2010-11 and CD No.TMKD340 registered before the office of Sub- Registrar Tumakur as null and void and for mandatory injunction to restore possession of the suit schedule property.

5. The petitioner submits that the present proceedings arose due to the fraudulent conduct of the respondent. On the date of registration of the sale deed, the respondent issued a Demand Draft (DD) No.105398 dated 31.03.2011 for Rs.5,00,000/- drawn on M/s.Karnataka Bank, Koratagere, in favour of the pe