SRI K G NARAYANAIAH v. SMT PUTTA LAKSHMAMMA

1. SRI K G NARAYANAIAH S/O LATE GURUBASAPPA, AGED ABOUT 69 YEARS,

2. SMT. K N KAVITHA S/O K G NARAYANAIAH AGED ABOUT 24 YEARS,

3. SMT. K N SUNITHA S/O K G NARAYANAIAH AGED ABOUT 22 YEARS,

4. SMT. K N SOWMYA S/O K G NARAYANAIAH AGED ABOUT 20 YEARS, THE PETITIONERS NO.1 TO 4 ARE R/AT KUNDURU VILLAGE, KASABA HOBLI, TUMKUR DISTRICT-572101. …PETITIONERS (BY SRI. NAGARAJA S., ADVOCATE) AND:

SMT PUTTA LAKSHMAMMA D/O GURUDASAPPA, DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:31739 WP No. 16082 of 2024 AGED ABOUT 74 YEARS, R/AT BILLEPALYA SINGONAHALLI VILLAGE, AND POST, GUBBI TOWN, TUMKUR DISTRICT-572216.

SRI K G KRISHNAMURTHY S/O LATE GURUDASAPPA, AGED ABOUT 74 YEARS,

SRI K NAGARAJU S/O K G KRISHNAMURTHY AGED ABOUT 24 YEARS, THE RESPONDENTS NO.2 AND 3 ARE R/AT MALLASANDRA VILLAGE, KASABA HOBLI, TUMKUR, TUMKUR DISTRICT-572101. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 29.03.2024 ON I.A.NO.8 PASSED BY THE PRL.CIVIL JUDGE, TUMKUR IN O.S.NO. 1119/2010 AS PER ANNX-E AND CONSEQUENTLY DISMISS THE APPLICATION IN IA NO. 8 FILED UNDER ORDER VI RULE 17 R/W SECTION 151 OF CPC AND GRANT AN INTERIM ORDER TO STAY, STAYING ALL FURTHER PROCEEDINGS IN THE SUIT IN O.S.NO. 1119/2010 WHICH IS PENDING BEFORE THE PRL.CIVIL JUDGE, TUMKUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2024:KHC:31739 WP No. 16082 of 2024 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Office objection is overruled. The matter is coming up for Preliminary Hearing. On hearing the learned Counsel for the petitioners, this Court is of the considered opinion that there is no merit in the writ petition and therefore, notice is not issued to the respondents.

2. The plaintiffs in O.S.No.1119/2010 have filed an Interlocutory Application in I.A.No.VIII under Order VI Rule 17 of CPC seeking leave of the Court to amend the plaint survey numbers only to include the subsequently phoded numbers. Earlier, Sy.No.53/2 was measuring 1 Acre and 27 Guntas and accordingly, it is shown as item No.5 in the plaint schedule. However, subsequently, the said survey number has been further divided and phoded as Sy.No.53/2 measuring 33 Guntas and Sy.No.53/4 - 4 - NC: 2024:KHC:31739 WP No. 16082 of 2024 measuring 34 Guntas and this aspect of the matter is sought to be amended in the plaint schedule. In the considered opinion of this Court, no infirmity is found in the impugned order passed by the trial court.

3. Accordingly, the writ petition stands dismissed. DL CT: JL Sd/- (R DEVDAS) JUDGE