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2025 DAILYLAW 16691 (KAR)

GOVINDA v. HANUMANTHEGOWDA

WP/3831/2025 · 2025-02-11

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5961 WP No. 3831 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3831 OF 2025 (GM-CPC) BETWEEN: GOVINDA S/O LATE GOVINDARAJU AGED ABOUT 35 YEARS R/AT BENDARAVADI VILLAGE KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT -571430 …PETITIONER (BY SRI. SAMPATH KUMAR A V.,ADVOCATE) AND: 1. HANUMANTHEGOWDA S/O LATE VEERANNA AGED ABOUT 45 YEARS R/AT BENDARAVADI VILLAGE KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT -571430. 2. PANCHAYATH DEVELOPMENT OFFICER BENDARAVADI GRAM PANCHAYATH AGED ABOUT 60 YEARS R/AT BENDARAVADI VILLAGE KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT -571430 …RESPONDENTS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5961 WP No. 3831 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ON IA NO. 6 FILED UNDER ORDER 6 RULE 17 OF CPC DATED: 01.02.2025 IN O.S.NO. 49/2014 PASSED BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC AT MALAVALLI VIDE (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR RELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 01.02.2025 passed by the Principal Civil and JMFC, Malavalli, on I.A.No.VI filed by the plaintiff under Order VI Rule 17 of CPC in O.S.No.49/2014, whereby the Trial Court has dismissed the said application. 2. The plaintiff filed the suit for bare injunction. On service of suit summons, the defendants appeared and filed written statement. When the matter was posted for cross-examination of DW-2, the plaintiff has filed I.A.No.VI - 3 - NC: 2025:KHC:5961 WP No. 3831 of 2025 under Order VI Rule 17 of CPC seeking for amendment of boundaries of suit schedule property. The Trial Court, by impugned order has dismissed the said application. Being aggrieved, the present petition is filed. 3. Heard the learned counsel for the petitioner. Perused the writ papers. 4. In a suit filed for permanent injunction, the possession of the suit schedule property is very important. If the boundaries of the suit schedule property are permitted to be amended, it will change the entire relief sought in the suit. Moreover, the suit is filed in the year 2014 and the evidence of the parties have been completed. At this stage, such an application cannot be permitted to be allowed. The Trial Court after considering all these aspects has rightly dismissed the application. 5. There is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise - 4 - NC: 2025:KHC:5961 WP No. 3831 of 2025 the supervisory jurisdiction vested under Article 227 of the Constitution of India. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 1