- 1 - HC-KAR NC: 2025:KHC:20305 WP No. 13600 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 13600 OF 2025 (GM-CPC) BETWEEN: 1. SRI. S. CHANDRAPPA S/O SANJEEVAPPA AGED ABOUT 68 YEARS AGRICULTURIST R/AT NO. HALEKUNDOORA KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577 527. …PETITIONER (BY SRI. BHUVAN K.P., ADVOCATE) AND: 1. SRI. BASAVARAJAPPA S/O HANUMANTAPPA AGED ABOUT 60 YEARS, 2. NIRANJANAMURTHY S/O HANUMANTAPPA AGED 55 YEARS, BOTH ARE RESIDING AT HALEKUNDOORA VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577 527. …RESPONDENTS (BY SRI. V. JAWAHAR BABU, ADVOCATE FOR C/R1 AND R2) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20305 WP No. 13600 of 2025 THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.04.2025 ON I.A.NO.22 IN O.S.NO.443/2023 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC., HOSADURGA, AS PER ANNEXURE-G AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER 1. Aggrieved by the order passed on I.A.No.XXII in O.S.No.443/2023 dated 23.04.2025 by the Principal Civil Judge and JMFC, Hosadurga, the plaintiff therein has preferred this writ petition. 2. When the original suit was posted for arguments, the plaintiff/petitioner filed an application under Order 6 Rule 17 of Civil Procedure Code to amend the plaint. The prayer in the said application reads as under: "That for the reasons stated in the accompanying affidavit of the Plaintiff, it is most humbly prayed that, the Hon'ble Court be pleased to order to permit the plaintiff to amend his plaint as per the application - 3 - HC-KAR NC: 2025:KHC:20305 WP No. 13600 of 2025 schedule mentioned below, which is more essential to adjudicate this present suit effectively, by allowing the application, in the interest of justice and equity. -: SCHEDULE :- In plaint, page No.5, in B schedule last line after word MvÀÄÛªÀj eÁUÀ, the word ¸ÀĪÀiÁgÀÄ has to be deleted, and in the place of ¸ÀĪÀiÁgÀÄ the word ¥ÀƪÀðzÀ has to be inserted." 3. The trial Court on the ground that the plaintiff has on several times has amended the plaint and that when the case is posted for arguments, has once again sought to amend the plaint insofar as it relates to alleged area of encroachment by the defendants and that the plaintiff, given the facts and circumstances of the case cannot raise the defense that inspite of due diligence he could not have amended the plaint earlier before commencement of the trial and that the plaintiff has done so merely to protract the proceedings, has rejected the application. 4. I do not see any error in the order passed by the trial Court. - 4 - HC-KAR NC: 2025:KHC:20305 WP No. 13600 of 2025 5. However, learned counsel for the respondents/defendants submits that only with a view that further proceedings are not delayed in the original suit, because the petitioner is contending that it is only a clerical error which is sought to be amended, he submits that he has no objection to allow the writ petition as prayed for, provided the plaintiff does not request the trial Court for recasting the issues and lead fresh evidence on the ground of amendment. 6. Learned counsel for the plaintiff/petitioner submits that what is sought to be corrected by way of amendment is only a typographical error in the plaint and he will not request the trial Court to frame fresh issues or lead fresh evidence on the ground of such amendment. He further submits that he will also not seek adjournment before the trial Court and he will co- operate for quick disposal of the case. 7. For the aforesaid reasons, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC:20305 WP No. 13600 of 2025 ORDER i. The impugned order dated 23.04.2025 passed on I.A.No.XXII in O.S.No.443/2023 by the Principal Civil Judge and JMFC, Hosadurga, is hereby set aside; ii. I.A.No.XXII filed by the plaintiff/petitioner herein in O.S.No.443/2023 on the file of Principal Civil Judge & JMFC, Hosadurga, is hereby allowed and the plaintiff/petitioner is permitted to carryout necessary amendment as prayed for; iii. The plaintiff/petitioner shall not insist on leading any additional evidence on the ground that the amendment has been carried out and he shall co-operate with the trial Court for quick disposal of the case; iv. The writ petition is disposed of accordingly. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 1