- 1 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101114 OF 2020 (GM-CPC) BETWEEN: BASAPPA CHANNAPPA GOKAK, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: ATTIKOLLA, RAMNAGAR, DHARWAD-580 008. … PETITIONER (BY SRI. R.H.ANGADI., ADVOCATE) AND: 1. SMT.AMBABAI W/O NARAHARI DESHPANDE, AGE: 77 YEARS, OCC: HOUSEHOLD, RO NEKAR NAGAR, HUBBALLI-580 021. 2. SHRI.RAJENDRA S/O NARAHARI DESHPANDE, AGE: 59 YEARS, OCC: PRIVATE SERVICE, R/O: NEKAR NAGAR, HUBBALLI-580 021. 3. SHRI.SURESH S/O NARAHARI DESHPANDE, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: NEKAR NAGAR, HUBBALLI-580 021. 4. SHRI.CHIDAMBAR S/O NARAHARI DESHPANDE, AGE: 54 YEARS, OCC: PRIVATE SERVICE, R/O: SREEPAD NILAY, HUBBALLI-580 020. 5. SMT.USHA @ KAMALABAI W/O GOVINDRAO DESHPANDE, AGE: 71 YEARS, OCC: HOUSEHOLD, R/O: DESHPANDE GALLI, DHARWAD-580 002. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 6. SMT.SAVITRI W/O RAMACHANDRA NADAGOUDA, AGE: 59 YEARS, OCC: HOUSEHOLD, R/O: AKALWADI CHAWL, MALAMADDI, DHARWAD-580 001. 7. SRI.GOVIND NARAYAN DESHPANDE, AGE: 69 YEARS, OCC: PRIVATE SERVICE, R/O: GAONKAR CHAWL, P.B. ROAD, NEAR OLD DSP OFFICE, DHARWAD-580 002. 8. SRI.VINAYAK NARAYAN DESHPANDE, AGE: 63 YEARS, OCC: PRIVATE SERVICE, R/O: GAONKAR CHAWL, P.B.ROAD, NEAR OLD DSP OFFICE, DHARWAD-580 002. 9. SRI.ANAND NARAYAN DESHPANDE, AGE: 64 YEARS, OCC: PRIVATE SERVICE, R/O: GAONKAR CHAWL, P.B. ROAD, NEAR OLD DSP OFFICE, DHARWAD-580 002. 10. SMT.SAVITRIBAI W/O RANGANATH DESHPANDE AGE: 86 YEARS, OCC: HOUSEHOLD WORK, R/O: EWS 573, 3RD CROSS, NAVANAGAR, HUBBALLI-580 021. 11. SMT.GEETA W/O NARASHIVMURTI MUNDGOD AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: EWS 573, 3RD CROSS, NAVANAGAR, HUBBALLI-580 020. 12. PRABAKAR S/O RANGANATH DESHPANDE, AGE: 59 YEARS, OCC: PRIVATE SERVICE, R/O: EWS 652, 2ND CROSS, NAVANAGAR, HUBBALLI-580 020. 13. SRIDHAR S/O RANGANATH DESHPANDE, AGE: 56 YEARS, OCC: BUSINESS, R/O: EWS 573, 3RD CROSS, NAVANAGAR, HUBBALLI-580 020. - 3 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 14. SMT.LAXMIBAI BHASKAR DESHPANDE AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: DESHPANDE GALLI, SHUKRAVAR PETH, DHARWAD-580 002. 15. SRI.VINAYAK S/O BHASKAR DESHPANDE, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: DESHPANDE GALLI, SHUKRAVAR PETH, DHARWAD-580 002. 16. SRI.RAVEENDRA SHRINIVAS DESHPANDE, AGE: 62 YEARS, OCC: BUSINESS, R/O: DESHPANDE GALLI, DHARWAD-580 002. 17. SMT.SHOBHABAI W/O RAGHUNATH DESHPANDE AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O. H.C.WADEYAR, JADHAV BUILDING, BEHIND SUKHA NIVAS APARTMENT, CHANNAMMA NAGAR, KHANAPUR ROAD, BELAGAVI-590 001. 18. SMT.BHAGYASHREE HANAMANTRAO WADEYAR AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O. H.C.WADEYAR, JADHAV BUILDING, BEHIND SUKHA NIVAS APARTMENT, CHANNAMMA NAGAR, KHANAPUR ROAD, BELAGAVI-590 001. 19. SMT.VIJAYALAXMI W/O BHIMAPPAYYA DESAI, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O: GADAG BETAGERI, GADAG-582 101. 20. SRI.GOVIND GURUNATH DESHPANDE AGE: 71 YEARS, OCC: PENSIONER, R/O: CHIDAMBAR NAGAR, DHARWAD-580 007. 21. SMT.SHARADA W/O ASHOK DESHPANDE, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: KUMBAR ONI, NEAR KAMANKATTI, DHARWAD-580 001. - 4 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 22. SRI.RAJESH S/O ASHOK DESHPANDE, AGE: 37 YEARS, OCC: SERVICE, R/O: KUMBAR ONI, NEAR KAMANKATTI, DHARWAD-580 001. 23. SRI.SHANKAR S/O ASHOK DESHPANDE, AGE: 34 YEARS, OCC: SERVICE, R/O: KUMBAR ONI, NEAR KAMANKATTI, DHARWAD-580 001. 24. KUMARI VIMALA D/O ASHOK DESHPANDE, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: KUMBAR ONI, NEAR KAMANKATTI, DHARWAD-580 001. 25. SRI.SHREENIVAS GURUNATH DESHPANDE AGE: 61 YEARS, OCC: AGRICULTURE, R/O: CHAITANYA NIVAS, OLD BHADRAVATHI, BHADRAVATHI-577 245. 26. SMT.RAMABAI W/O GURUNATH DESHPANDE, AGE: 94 YEARS, OCC: HOUSEHOLD WORK, R/O: CHAITANYA NIVAS, OLD BHADRAVATHI, BHADRAVATHI-577 245. 27. SRI.JEEVANRAO S/O SOMANATH DESHPANDE, AGE: 61 YEARS, OCC: BUSINESS, R/O: DESHPANDE GALLI, SHUKRAWAR PETH, DHARWAD-580 001. 28. SRI.SHREEPAD S/O SOMANATH DESHPANDE AGE: 54 YEARS, OCC: BUSINESS, R/O: DESHPANDE GALLI, SHUKRAWAR PETH, DHARWAD-580 001. 29. SMT.SANDYA D/O SOMANATH DESHPANDE, AGE: 51 YEARS, OCC: BUSINESS, R/O: DESHPANDE GALLI, SHUKRAWAR PETH, DHARWAD-580 001. 30. SMT.SUNANDA W/O EKANATH DESHPANDE, AGE: 73 YEARS, OCC: HOUSEHOLD WORK, - 5 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 R/O: HEMBLI ONI, DHARWAD-580 001. 31. SRI.SHRIKANT EKANATH DESHPANDE AGE: 55 YEARS, OCC: NIL, R/O: HEMBLI ONI, DHARWAD-580 001. 32. SMT.RADHA KRISHNARAO PATIL AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O: RADHAKRISHNA NAGAR, DHARWAD-580 007. 33. SMT.DEEPA W/O RAMESH KULKARNI, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O: DESHPANDE GALLI, DHARWAD-580 002. 34. GURUNATH SHREEPADRAO NADGER, AGE: 55 YEARS, OCC: SERVICE AND AGRICULTURE, R/O: CHIDAMBAR NAGAR, TILAKWADI, BELAGAVI. 35. SMT.PADMABAI W/O KRISHNARAO NAIK, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIDAMBAR NAGAR, TILAKWADI, BELAGAVI-590 001. 36. SMT.SHANTABAI W/O VINAYAK NAVALGUND, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIDAMBAR NAGAR, TILAKWADI, BELAGAVI-590 001. 37. SMT.SUNDARABAI W/O PARASHURAM SURPUR AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIDAMBAR NAGAR, TILAKWADI, BELAGAVI-590 001. 38. SRI.RAGHUVEER SHANKAR ALAWANDI AGE: 81 YEARS, OCC: BUSINESS, R/O: CHAITANYA NIVAS, VANITA SEVA SAMAJ ROAD, DHARWAD-580 001. 39. SMT.GEETA W/O KESHAV DESHPANDE, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O: LAXMI NAGAR, DHARWAD-580 001. - 6 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 40. SRI.SREEPADRAJ S/O KESHAV DESHPANDE, AGE: 44 YEARS, OCC: ADVOCATE, R/O: LAXMI NAGAR, DHARWAD-580 001. 41. SRI.RAJENDRA S/O SHREEKRISHNA DESHPANDE, AGE: 60 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: 4TH CROSS, RAMNAGAR, DHARWAD-580 001. 42. SMT.MADHURA W/O MILIND GOKHALE AGE: 52 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O: C/O R S GOKHAL, 4TH CROSS, RAMNAGAR, DHARWAD-580 001. 43. SMT.ARCHANA W/O KESHAV BAPAT, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O R S GOKHAL, 4TH CROSS, RAMNAGAR, DHARWAD-580 001. 44. SRI. J.SADASHIVA BHAT AGE: 63 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: DANESHWAR NAGAR, VIDYAGIRI, DHARWAD-580 001. 45. SRI.PRAKASH S/O PANDURANG NAZARE, AGE: 65 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: NAZARE COMPLEX, TIKARE ROAD, DHARWAD-580 001. 46. SMT.MEERA W/O RAJENDRA SHEVADE, AGE: 50 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O: DESHPANDE GALLI, SHUKRAVAR PETH, DHARWAD-580 001. 47. SMT.SHANTI W/O KRISHNA NAIK, AGE: 74 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O: C/O R S GOKHALE, 4TH CROSS, - 7 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 RAMNAGAR, DHARWAD-580 001. 48. SRI.RAJENDRAKUMAR BABURAO MIRAJKAR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: TIKARE ROAD, DHARWAD-580 001. 49. SRI.RAKESH SATYANARAYAN AGARWAL, AGE: 47 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: 619, SADASHIVPETH, NEAR VISHRAMBHAGWADA, PUNE-411 030, STATE: MAHARASHTRA. …RESPONDENTS (BY SRI. RAGHUVEER SATTIGERI, ADVOCATE FOR R5; NOTICE TO R1-4, 6-15, 17-26 & 29-49-DISPENSED WITH; NOTICE TO R16-HELD SUFFICIENT; R27-28 ARE SERVED AND REPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.R.H.Angadi., counsel for the petitioner and Sri. Raghuveer Sattigeri., counsel for respondent No.5 appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of certiorari to quash the impugned order dated 28.11.2019 passed by the Court of the 1st Additional Senior Civil Judge and CJM., Dharwad on I.A.No.XXV in O.S.No.58/2011 vide - 8 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 Annexure-E and consequently allow the I.A.No.XXV filed under order VI Rule 17 of CPC read with Section 151 of CPC vide Annexure-C. 3. For the sake of convenience, the parties are referred to as per their status and rankings before the Trial Court. 4. The short facts are these: The plaintiff filed a suit seeking relief of specific performance on the file of the I Addl. Senior Civil Judge and JMFC., Dharwad in O.S. No.58/2011. After the service of suit summons, the defendants filed the written statement. Issues were framed by the Trial Court. As the matter stood thus, the plaintiff moved an application under Order 6 Rule 17 of CPC to amend the plaint. The application was filed on 05.11.2019. The objections were filed. The Trial Court referred to the contentions urged on behalf of the respective parties and rejected the application. It is this order that is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition. - 9 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 5. Counsel for the respective parties urged several contentions. Counsel Sri.R.H.Angadi., submits that the order passed by the Trial Court is erroneous and contrary to the provisions of law. Next, he submits that the proposed amendment sought by the plaintiff will not change in the nature of the suit and will not take the jurisdiction of the Court. A further submission is made that the amendment was not carried out due to ignorance as the petitioner is illiterate and has no legal knowledge about the proceedings. Counsel vehemently contended that the proposed amendment is very much essential for complete and effective adjudication of the suit filed by the plaintiff. It is also contended that the amendment sought by the plaintiff will not be a surprise and the amendment is only an explanation to the pleadings and some correction. Some typographical mistakes were made while preparing the plaint. - 10 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 Lastly, he submits that rejection of the application by the Trial Court is bad in law. Hence, he submits that the Writ Petition may be allowed. Sri.Raghuveer Sattigeri., counsel for respondent No.5 justified the order passed by the Trial court. He submitted that that there is an inordinate delay of almost 8 years in moving the application for amendment. He argued by saying that the suit is one for specific performance and the averments made in the plaint are sufficient to adjudicate lis between the parties. Hence, the proposed amendment is not essential. Among other grounds, he prayed for the dismissal of the Writ Petition. 6. Heard the arguments and perused the writ papers with care. 7. The facts are sufficiently stated and they do not require reiteration. The issue revolves around a narrow compass and relates to the rejection of the amendment application. The suit is one for specific performance. The plaintiff is seeking the performance of the sale agreement dated 04.03.2003. The plaint was presented on 24.03.2011. After the lapse of almost 8 years, the plaintiff attempted to - 11 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 amend the plaint. A copy of the application for amendment is furnished along with the writ petition and the same is marked as Annexure-C. A careful perusal of the same reflects that the plaintiff is seeking the amendment of the plaint and intends to insert almost 11 paragraphs in the plaint. Counsel Sri.R.H.Angadi., submits that the plaintiff is not pressing paragraphs 8 to 11. The oral submission made by counsel Sri.R.H.Angadi., is placed on record. Because of the above-said submission, what is required to be considered is whether the insertion of paragraphs Nos.1 to 7 is required to adjudicate the lis between the parties. I have carefully perused the proposed amendment application and the proposed insertion of paragraphs 1 to 7. In my view, the proposed amendment is not necessary for the effective adjudication of the lis between the parties. The averments made in the original plaint would be sufficient to decide the controversy between the parties. Moreover, the Trial court extenso referred to the contentions urged on behalf of the respective parties and rightly concluded that the amendment was not required. In my view, the Trial Court is justified in - 12 - NC: 2025:KHC-D:4256 WP No. 101114 of 2020 concluding so. I find no grounds to interfere with the order passed by the Trial Court. The Writ Petition is devoid of merits and the same is liable to be rejected. 8. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE MRP,RH List No.: 1 Sl No.: 54