2020 (4) AKR 591 ::AIROnline 2020 Kar 854 ::(2021) 1 KCCR 404 ::(2021) 1 ICC 113 (Karn.)

Karnataka High Court

Hon'ble Judge(s): B. M. Shyam Prasad , J

Civil P.C. (5 of 1908) , O.6 R.17— Karnataka Civil Rules of Practice (1967) , R.11— Amendment of plaint - Description of immovable property - Suit for permanent injunction - Amendment to bring on record boundaries of suit schedule property - Denial on ground that plaintiff not diligent in seeking amendment, cannot be permitted to amend plaint at belated stage - Essential dispute between parties was about location of land - Petitioner furnished property number and details of orders/official memorandum permitting diversion of suit schedule property from agricultural to non-agricultural uses, apart from furnishing rough sketch of suit property along with area in dispute - Proposed amendment would only be clarificatory, subject to necessary proof - Proposed amendment also necessary for adjudication of real controversy - Application for amendment not vitiated by mala fides - Amendment allowed. 2009 AIR SCW 6644, Relied on. (Para 9 10 11 12) .....