- 1 - NC: 2025:KHC-D:2005 WP No. 100654 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100654 OF 2025 (GM-CPC) BETWEEN: VIJAYALAXMI S PANCHAGAVI W/O SHREEKANTH S PANCHAGAVI AGED ABOUT 61 YEARS R/AT R S NO 182/4C PLOT NO 5 BASAVA MANTAP ROAD VIDYANAGAR GOKAK 591 307 …PETITIONER (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: SAVITRI MAHADEV PATIL W/O MAHADEV PATIL AGED ABOUT 59 YEARS R/AT R S NO 182/2+3B PLOT NO 23, 7TH MAIN VIDYANAGAR, GOKAK 591 307 …RESPONDENT (BY SRI. RAJASHEKAR S. & SRI. SHRIDHAR HIREMATH., ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE ORDER DATED 17.12.2024 PASSED ON I.A. NO.3 IN O.S.NO.687/2023 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, GOKAK VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2005 WP No. 100654 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari to set aside the order dated 17.12.2024 passed on I.A.No.3 in O.S.No.687/2023 pending on the file of Principal Civil Judge and JMFC, Gokak vide Annexure-A ii. Issue any other writ, order or direction as this Hon’ble Court deem fit and proper under the facts and circumstances of this case in the interest of justice and equity. 2. A suit for permanent injunction in O.S.No.687/2023 had been filed by the petitioner against the respondent seeking for injunction restraining the defendant from interfering with the plaintiff’s alleged peaceful possession and enjoyment of the suit schedule property. An ex parte ad-interim order of injunction having been granted. Subsequently alleging that there is a violation of the interim order, proceedings under Order 39 Rule 3A of CPC were taken up. - 3 - NC: 2025:KHC-D:2005 WP No. 100654 of 2025 3. Apart there from, an application under Order 6 Rule 17 of CPC seeking for amendment of the plaint was filed in I.A.No.3. By way of the amendment, the plaintiff wanted to place on record the alleged subsequent events which have occurred including alleged demolition of the compound wall as regards which the petitioner would have to bear certain expenses and as such, in furtherance of the said pleading, an additional prayer for the cost of repair of the demolished compound wall and a further amount towards mental agony were sought to be brought on record. The said application having been opposed, the Trial Court rejected the application on the ground that allowing of the application would amount to a change in the nature and character of the suit and as such, cannot be allowed. 4. Sri.Siddappa S.Sajjan, learned counsel appearing for the petitioner would submit that the relief which has been sought for is on account of the violation of the - 4 - NC: 2025:KHC-D:2005 WP No. 100654 of 2025 order of injunction and forms part and parcel of a continuous cause of action and as such, the relief sought for by amendment ought to have been allowed by the Trial Court. 5. Sri.Shridhar Hiremath, learned counsel for the respondent, who is on caveat, would again reiterate that the suit being one for injunction; now relief sought for being for recovery of money is a completely different prayer which has been sought for which changes the nature of the suit and character of the suit. As such, the Trial Court has rightly rejected the application. 6. Heard Sri.Siddappa S.Sajjan, learned counsel appearing for the petitioner and Sri.Shridhar Hiremath, learned counsel for the respondent and perused the papers. 7. It is not in dispute that the suit is one for injunction restraining the defendant from interfering with the - 5 - NC: 2025:KHC-D:2005 WP No. 100654 of 2025 alleged peaceful possession of the plaintiff. An ex parte order of injunction having been granted, the plaintiff subsequently alleges that the ex parte order of injunction has been violated and the compound wall of the suit schedule property has been demolished and it is in furtherance thereof that the amendment application has been filed to place the said facts on record and for additional relief. 8. Though the suit originally was for injunction and by way of amendment, the suit would become one for recovery, I am of the considered opinion that the recovery of money which is sought for is in furtherance of the violation of the order of injunction which is alleged to have taken place. If not for the alleged violation and alleged demolition of the compound wall by the defendant, there would not be a reason for the plaintiff to seek for amendment and to place on record those facts and/or for recovery of money. As such, I am of the considered opinion that - 6 - NC: 2025:KHC-D:2005 WP No. 100654 of 2025 in order to avoid multiplicity of proceedings, the said application ought to have been allowed by the Trial Court and the matter proceeded with and the burden of proof of course being on the plaintiff to establish that the defendant had demolished the compound wall as also the losses which have been caused to the plaintiff. The defendant of course being reserved liberty to file his additional written statement to the said amendment. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed, a certiorari is issued. ii) The order dated 17.12.2024 passed on I.A.No.3 in O.S.No.687/2023 by the Principal Civil Judge and JMFC, Gokak at Annexure-A is set aside. Consequently, aforesaid I.A.No.3 is allowed. Petitioner/plaintiff is permitted to carry out the - 7 - NC: 2025:KHC-D:2005 WP No. 100654 of 2025 amendment as sought for in I.A.No.3 and file amended plaint which shall be so done on or before 17.2.2025. Defendant is reserved liberty to file his additional written statement which will be so filed in accordance with law and the Trial Court is directed to proceed with the matter therefrom. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 51