Being aggrieved by the said order the appellants preferred a Revision Petition before the High Court of Karnataka at Bangalore.
Such other relief reliefs that this Honble Court deems fit to grant under the circumstances of the case as also the companyt of this suit.
It is their case during the pendency of the said suit the respondent in violation of the companyrt order further encroached into suit property to an extent of 15 x 15.
In the written statement filed by the respondents, a companytention was taken that a suit for injunction and possession without seeking a declaration of title was number maintainable.
On 27th of July, 2000 realizing that a prayer for declaration on the facts of the case was essential the appellants filed an application for amendment of the plaint under Order 6 Rule 17, CPC by adding the following prayers a To declare that the Plaintiffs are the owners A1.B.M.N.N1.O1.O.L of the suit schedule property.
The Principal Civil Judge, Shimoga, by his judgment and order dated 22nd of September, 2000 rejected the application of the appellants on the ground that the application is filed at a belated stage.
This application was also allowed by the Trial Court.
Written statement was filed on 17th September, 1994.
For possession of the property identified as A1 B M N O L portion and also the N N1 O O 1 at annexure A to the plaint of the suit schedule property.
Leave granted.
ARISING OUT OF S.L.P. NOS.
The appellants herein filed a suit before the Principal Civil Judge, Shimoga, originally seeking the following reliefs a To grant a judgment and decree of permanent Injunction restraining the Defendants 1 to 10 their men, and agents from interfering with A A1 L O N C D portion of the suit schedule property.
3089 3090 OF 2004 SANTOSH HEGDE, J. Heard learned companynsel for the parties.
