K. Raghava Reddy and Others vs Hanumantha Reddy and Smt. Seethamma Reddy

A.N. Venugopala Gowda, J.—Plaintiffs are the petitioners and Respondents are defendants. The suit is for partition and separate possession. Issues have been framed. Trial has commenced. When the suit is at the stage of cross-examination of DW.1, the plaintiffs filed an application on 23.10.2009 to amend the plaint and incorporate the proposed pleading. The application having been objected to the Trial Court upon consideration, has dismissed the application on the ground that, it has been filed at the belated stage, that is, after commencement of the trial and by the proposed amendment, the plaintiffs are attempting to overcome the admissions made during the cross-examination of PWs.1 and 2. Said order has been questioned in this writ petition.

Heard the learned Counsel on both sides and perused the record.

Learned Counsel for respondents has no objection to allow the application for amendment in part, i.e., only 10 include an additional item in the proposed amendment shown at Sl. Nos. 1 to 11 and 13.

Since it is a suit for partition and separate possession, the amendment prayed in the proposed amendment at SI. Nos. 1 to 11 and 13 is necessary for determining the real question in controversy between the parties. Hence, the impugned order calls for interference.

In the result, writ petition stands allowed. Impugned order stands quashed. The application for amendment filed by the plaintiffs stands allowed in part. Plaintiffs are permitted to incorporate the proposed amendment shown at Sl. Nos. 1 to 11 and 13 of the application in the plaint. The prayer to add para 17(a) to the plaint as proposed at Sl. No. 12 of the amendment application stands disallowed. The amendment shall be incorporated in the plaint within a period of 2 weeks by paying cost of Rs. 5,000/ - in the Trial Court, to the defendants, for causing delay in disposal of the suit. The defendants have the right to file additional written statement, if any, concerning the property shown at Item 2 of the plaint schedule, i.e., one shown at Sl. No. 13 of the proposed amendment. The additional written statement, if any, shall be filed within 2 weeks from the date the copy of the amended plaint is served on the learned Counsel for the defendants by the learned Counsel for the plaintiffs. The suit being one for partition and separate possession, keeping in view the provisions of Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, the Trial Court is directed to expedite the trial and dispose of the same, at any event, before 28.12.2010.