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Karnataka High Court · body

2013 DIGILAW 1068 (KAR)

M. Doddashamanna Reddy, Since dead by his LRs v. M. Srinivasa Reddy, Since dead by his LRs

2013-09-10

K.SREEDHAR RAO

body2013
JUDGMENT 1. The writ petitioner submits that the order allowing the amendment suffers from illegality on the following grounds:- (1) The amendment sought challenging the registered partition deed is of the year 2001 and belatedly in 2010, the same is being challenged and it is barred by time. (2) The partition deed executed has been acted upon by the defendants and they have also executed a confirmation deed. Therefore, it is submitted, they are not entitled to challenge the partition deed and the said plea taken in the amendment is a fraud on the court. 2. The order of the court only allows the amendment of the pleadings. It does not take away the right of the petitioner to file rejoinder and contest the said fact pleaded. The issue with regard to disputed question of fact is to be framed by the trial court and both will have opportunity to lead evidence to prove their contentions. Therefore, in that view of the matter, the writ petition is disposed of.