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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE G. NARENDAR

WRIT PETITION No.54285/2017(GM-CPC)

BETWEEN:

SRI B. RAMACHANDRA REDDY

@ CHANDRA REDDY,

S/O LATE BALA REDDY,

AGED ABOUT 72 YEARS,

R/O NOSENOOR VILLAGE,

JIGANI HOBLI, ANEKAL TALUK,

BANGALORE DISTRICT-562106.

... PETITIONER

(BY SRI K. N. PUTTEGOWDA, ADVOCATE)

AND:

B. MUNIREDDY

SINCE DECEASED BY HIS LRS,

1(a) SMT. NAGAMMA

W/O LATE B. MUNIREDDY,

AGED ABOUT 45 YEARS,

1(b) SRI.M. VENKATESH REDDY,

S/O LATE B. MUNIREDDY,

AGED ABOUT 27 YEARS,

2

1(c) SRI. MANJUNATHA REDDY,

S/O LATE B. MUNIREDDY,

AGED ABOUT 25 YEARS,

2.

SRI. GOPALA REDDY

S/O LATE BALA REDDY,

AGED ABOUT 70 YEARS,

RESPONDENTS 1(a) TO 1(c) & 2

ARE RESIDING AT NOSENOOR VILLAGE,

JIGANI HOBLI, ANEKAL TALUK,

BANGALORE DISTRICT-562106.

3.

SRI.RAMAKRISHNA REDDY

S/O LATE BALA REDDY,

AGED ABOUT 76 YEARS,

R/O NO. 7^TH CROSS,

16^TH MAIN, LAKKASANDRA,

BANGALORE-560030.

... RESPONDENTS

(BY SRI R. BHADRINATH, ADVOCATE FOR R2;

SRI N.R. KRISHNAMURTHY, ADVOCATE FOR R3

R1(a to c) SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

ORDER

DATED

28.11.2017

(VIDE

ANNEXURE-F)

DISMISSING THE I.A. No.4 FILED BY THE PETITIONER

UNDER ORDER 6 RULE 17 R/W SECTION 151 OF CPC BY

THE

SENIOR

CIVIL

JUDGE

AND

JMFC,

ANEKAL

IN

O.S.193/2006 AND CONSEQUENTLY ALLOW THE I.A.4

FILED BY THE PETITIONER BEFORE THE TRIAL COURT BY

ALLOWING THE ABOVE WRIT PETITION.

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THIS WRIT PETITION COMING ON FOR DICTATING

ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

The petitioner is the 2^nd defendant in the Court below.

That the 1^st respondent herein has instituted a suit praying

for grant of relief of partition and separate possession and

to allot 1/4^th share in the suit schedule properties and also

for various other reliefs. The said suit came to be resisted

by the 2^nd respondent herein i.e., 1^st defendant by filing the

written statement dated 16.11.1994. The petitioner herein

i.e., 2^nd defendant has also filed the written statement

dated 20.7.1995.

2. Thereafter on 7.9.2017 the petitioner herein i.e,

2^nd defendant preferred an application under Order VI Rule

17 r/w Section 151 of CPC for amendment of the written

statement

to

incorporate

the

following

paragraphs

numbered as Paragraph Nos.6(a), 6(b), 17(a) and 17(b) in

the written statement:

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“ 6(a). This defendant submits that, the

said schedule properties are ancestral properties

in joint possession of this defendant and the 1^st

defendant. The defendant No.3 and the plaintiff

have released their rights over the suit schedule

properties in favour of 1^st defendant and this

defendant

through

a

PANCHAYATHI

MUCHHALIKE which was executed in the year

1969 (Ex-D2) since then this defendant and the

1^st defendant are in joint possession of the suit

schedule properties.

6(b)

This

defendant

submits

that

subsequent to execution of the above said

document,

this

defendant

had

equally

contributed for the purpose of the schedule

properties in the auction conducted by Primary

Co-operative Land Development Bank, Anekal

and got the properties purchased in the name of

1^st defendant, while receiving the money from

this defendant, the 1^st defendant promised that

he will share the suit schedule properties equally

with this defendant and as such the joint

possession is continued by this defendant and

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the 1^st defendant. The 1^st defendant also

executed a document to this effect.

17(a) This defendant has been cultivating

the said schedule properties along with 1^st

defendant and entitle to half share in each and

every suit schedule properties.

17(b) This defendant submits that, the

contention narrated in the written statement

made to have been filed by this de