- 1 - NC: 2025:KHC:6595 WP No. 16022 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16022 OF 2023 (GM-CPC) BETWEEN: 1. VIRUPAKSHAIAH S/O SHIVALINGAIAH AGED ABOUT 61 YEARS AGRICULTURIST 2. HALASWAMY S/O VIRUPAKSHAIAH AGED ABOUT 34 YEARS AGRICULTURIST 3. KUMARASWAMY S/O VIRUPAKSHAIAH AGED ABOUT 31 YEARS AGRICULTURIST ALL ARE R/O H BASAVAPURA VILLAGE HUCHCHAVVANAHALLI POST MAYAKONDA HOBLI DAVANAGERE TALUK & DISTRICT-577534 …PETITIONERS (BY SRI. R GOPAL.,ADVOCATE) AND: 1. SMT. SHARANAMMA W/O MAHADEVAPPA Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6595 WP No. 16022 of 2023 AGED ABOUT 59 YEARS 2. SRI MOHAMMED ISMAIL JABIVULLA S/O RAFIVULLA AGED ABOUT 32 YEARS R1 AND R2 ARE AGRICULTURISTS AND R/O HUCHCHAVVANAHALLI VILLAGE AND POST, MAYAKONDA HOBLI DAVANAGERE TALUK & DISTRICT-577534. 3. SRI ONKARAPPA S/O LATE NANJUNDAPPA AGED ABOUT 64 YEARS 4. SRI MAHADEVAPPA S/O GANGAPPA D/O HANUMANTHAPPA AGED ABOUT 59 YEARS 5. SMT NAGARATHNAMMA @ MALLAMMA W/O SHEKHARAPPA AGED ABOUT 67 YEARS 6. SRI CHANDRASHEKHARA M S/O MAHESHWARAPPA AGED ABOUT 29 YEARS R3 TO R6 ARE AGRICULTURISTS AND R/O H BASAVAPURA VILLAGE HUCHCHAVVANAHALLI POST MAYAKONDA HOBLI DAVANAGERE TALUK & DISTRICT-577534. 7. SRI U MANJUNATH S/O S G UMAPATHI AGED ABOUT 41 YEARS - 3 - NC: 2025:KHC:6595 WP No. 16022 of 2023 R/O SIRIGERE VILLAGE CHITRADURGA(T) AND (D)-577541. 8. SMT U SAPNA W/O H M SHIVAMURTHAIAH D/O S G UMAPATHI AGED ABOUT 39 YEARS R/O 678/17B,SRI SHIVAKUMARASWAMY BADAVANE, DAVANAGERE-577002 …RESPONDENTS (BY SRI. MADHUKAR M DESHPANDE.,ADVOCATE FOR R1 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 17.10.2022 ON IA.NO.III PASSED BY THE IV ADDL CIVIL JUDGE AND JMFC AT DAVANAGERE IN OS.NO.458/2019, VIDE ANNEXURE-G AND CONSEQUENTLY ALLOW AND GRANT THE RELIEFS AS PRAYED IN IA.NO.III AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant Nos. 2, 3 and 4 under Article 227 of the Constitution of India, challenging the order dated 17.10.2022, whereby the IV Additional Civil Judge and JMFC, Davanagere dismissed IA No.III filed under Order VI Rule 17 of CPC in O.S.No.458/2019. - 4 - NC: 2025:KHC:6595 WP No. 16022 of 2023 2. The plaintiff filed a suit for easementary right. On service of summons, defendants filed the written statement. On the basis of the pleadings of the parties, the trial court framed an issue. When the matter was posted for evidence, the defendant No.2 filed an application for amendment of the written statement. On going through the application, it appears that it will not change the nature of the suit and the defendants are not withdrawing any admission made in the written statement. If the said application is allowed, it will not cause any prejudice to the plaintiff. Therefore, the trial court has erred in dismissing the application. 3. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 17.10.2022 passed on IA No.III in O.S.No.458/2019 by the IV Additional Civil Judge and JMFC, Davanagere is set aside. - 5 - NC: 2025:KHC:6595 WP No. 16022 of 2023 (iii) IA No.III filed under Order VI Rule 17 of CPC is allowed. (iv) In view of disposal of the main petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 54