- 1 - NC: 2025:KHC-D:1643 WP No. 100528 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100528 OF 2025 (GM-CPC) BETWEEN: 1. 2. 3. 4. 5. SHRI. IRAPPA S/O VEERABHADRAPPA CHAKRASALI SINCE DECEASED BY HIS LRS SMT. NEELAWWA W/O IRAPPA CHAKRASALI AGE. 65 YEARS OCC. HOUSEHOLD WORK, SMT. NAGAWWA W/O. MALATESHAPPA KUMBAR, AGED: 42 YEARS, OCC: HOUSEHOLD WORK, SMT. SUMITRA W/O PUTTAPPA MATTIHALLI, AGED: 40 YEARS, OCC: HOUSEHOLD WORK, SMT. SHARADA, W/O SHIVAPPA KUMBAR, AGED: 38 YEARS, OCC: HOUSEHOLD WORK, SHRI RUDRESH S/O IRAPPA CHAKRASALI, AGED: 40 YEARS, OCC: AGRICULTURE ALL ARE R/O.KAGINELE (KAGINELLI) TQ. BYADAGI, DIST. HAVERI-581110 …PETITIONERS (BY SRI. SANJAY S KATAGERI, ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2025.02.04 15:45:13 +0530 - 2 - NC: 2025:KHC-D:1643 WP No. 100528 of 2025 AND: 1. 2. 3. 4. SHRI SHIVANANDAPPA S/O SANGAPPA KADAGI AGE. 56 YEARS OCC. AGRICULTURE R/O.KAGINELE (KAGINELLI) TQ. BYADAGI DIST. HAVERI PINCODE.581110 SHRI VEERANNA S/O SANGAPPA KADAGI, SINCE DECEASED BY HIS LR’s SMT. DRAKSHAYANI W/O IRAPPA KADAGI, AGED: 73 YEARS, OCC: HOUSEHOLD WORK, R/O 43/32, 3RD MAIN, 3RD CROSS, S.S.LAYOUT, ‘B’ BLOCK, SOUTHERN EXTENSION, DAVANAGERE PIN CODE-590006. SMT. MANJULA W/O ASHOK KADAGI, AGED: 50 YEARS OCC: HOUSEHOLD WORK, R/O R/21, ABAKA ONI, 2666, SATYA SAI KRUPA MRUTYUNJAY NAGAR, KHANAPUR ROAD, TILAKWADI BELAGAVI, PIN CODE-590006. SMT. VISHWESHWARI W/O ARUN PATTANSHETTI, AGED: 49 YEARS OCC: HOUSEHOLD WORK R/O 740-11, SHRI MALLIKARJUN KRUPA, 4TH CORSS, VASA LAYOUT, DODDANEKKADI, BENGALURU NORTH, MARATHAHALLI COLONY, BENGALURU-560037. - 3 - NC: 2025:KHC-D:1643 WP No. 100528 of 2025 5. 6. 7. 8. 9. SMT. VIDYAVATI, W/O MAHANTESH TUMMINAKATTI, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, 2668, 3RD MAIN, 3RD CROSS, SATISH PATIES HOUSE, S.S. LAYOUT ‘B’ BLOCK, SOUTHERN EXTENSION, DHAVANAGERE, PIN CODE-577004. SMT. RASHMI, D/O SANGAPPA KADAGI, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O 2043/32, 3RD MAIN ROAD, MANE CROSS, S.S. LAYOUT ‘B’ BLOCK, SOUTHERN EXTENSION, DHAVANAGERE PIN CODE-577004. SHRI CHANNABASSAPPA S/O SANGAPPA KADAGI, AGE: 65 YEARS, OCC: RETIRED ENGINEER, S/O KACHAVI, TALUKA: HIREKERUR, DISTRICT: HAVERI, PIN CODE-581120. SHRI GURAPPA S/O SANGAPPA KADAGI, SINCE DECEASED BY HIS LR’s SMT. NANDA W/O GURAPPA KADAGI, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. CITY CLINIC, M.K. ROAD, SHIVAMOOGA, DIST: SHIVAMOGGA-577202. SHRI RAKESH S/O GURAPPA KADAGI, AGED: 38 YEARS, OCC: PRIVATE JOB - 4 - NC: 2025:KHC-D:1643 WP No. 100528 of 2025 10. 11. 12. 13. R/O. CITY CLINIC, M.K. ROAD, SHIVAMOOGA, DIST: SHIVAMOGGA-577202. SHRI. VIJAY S/O SANGAPPA KAKDAGI, AGED: 60 YEARS OCC: ADVOCATE R/O. SOMESHWAR NAGAR, BYADAGI, TALUKA: BYADI, DIST: HAVERI, PIN CODE-581106. SMT. JAYAMMA W/O SANNAVEERAPPA YALIGAR, C/O SANNAVEERAPPA S/O SANGAPPA YALIGAR, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O PLOT NO. 580, RANI CHANNAMA NAGAR, 2ND CROSS, BELAGAVI, PIN CODE-590006. SHRI RAJASHEKHAR S/O SANGAPPA KADAGI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O KAGINELE (KAGINELLI), TALUKA: BYADAGI, DIST: HAVERI, PIN CODE-581110. SMT. UMASHRI, W/O BASAVARAJ AINAPUR, C/O BASAVARAJ, OCC: HOUSEHOLD WORK, R/O AINAPUR SEEDS AND NURSERY, 3RD MAIN CROSS, TILAK NAGAR, SHIVAMOGGA, DISTRICT: SHIVAMOGGA. PIN CODE-577201. …RESPONDENTS (BY SRI. NAGARAJ J. APPANNAVAR., ADVOCATE FOR R1, R10, R12; - 5 - NC: 2025:KHC-D:1643 WP No. 100528 of 2025 NOTICE TO R2, R3-R9, R11, R13 IS D/W V/O/DATED 28.1.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED. 16-12-2024 PASSED ON I.A. NO. 27 AND 28 IN O.S. NO. 56/2012 BY THE CIVIL JUDGE AND JMFC, BYDAGI AS PER ANNEXURE-F AND CONSEQUENTLY DISMISSING THE SAID APPLICATIONS FILED UNDER ORDER 8 RULE 6 A OF CPC BY THE RESPONDENTS HEREIN, AS PER ANNEXURE-D AND D1 HEREIN THEREIN, BY ALLOWING THIS WRIT PETITION BY THIS HON BLE COURT, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Respondents No.1, 10 and 12 are on caveat. Notice to other respondents is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ or Order or direction in the nature Certiorari by quashing the Impugned Order dated 16.12.2024 passed on I.A.No.27 and 28 in O.S.No.56/2012 by the Civil Judge and JMFC, Bydagi as per Annexure-F and consequently dismissing the said applications filed under Order 8 Rule 6 A of CPC by the Respondents herein, as per Annexure-D and D1 herein therein, by allowing the writ petition by this Hon’ble Court, in the interest of justice and equity. - 6 - NC: 2025:KHC-D:1643 WP No. 100528 of 2025 b. Issue such other writ or order or direction as this Hon’ble Court may deems fit in the facts and circumstances of the case. 3. The suit in O.S.No.56/2012 had been filed seeking for declaration and injunction. Written statement having been filed in the year 2012 itself and issues having been framed in the year 2012, evidence was led by the petitioners only in the year 2019 but evidence was not concluded. The petitioners filed an application in I.A.No.25 seeking for amendment on 16.4.2024 which came to be allowed. Subsequent thereto, respondents who were defendants filed I.A.Nos.27 and 28 seeking permission to file counter claim. The said application also came to be allowed. The petitioners-plaintiffs are before this Court challenging the order dated 16.12.2024 passed on I.A.Nos.27 and 28 allowing the counter claim. 4. Sri.Sanjay S.Katageri, learned counsel for the petitioners would submit that the Trial Court ought not to have allowed the said application which was - 7 - NC: 2025:KHC-D:1643 WP No. 100528 of 2025 filed in a belated manner. The suit being of the year 2012, the impugned order on I.A.Nos.27 and 28 having been passed on 16.12.2024, after such delay is not sustainable. 5. The submission of Sri.Sanjay S.Katageri, learned counsel for the petitioners could have been acceptable to this Court if the petitioners-plaintiffs had been diligent in the matter. The suit having been filed in the year 2012, evidence of PW-1 was commenced in the year 2019 but has not yet concluded. In fact in the year 2024, the petitioners filed an application for amendment which came to be allowed and thereafter the respondents-defendants filed an application for counter claim which also came to be allowed. Therefore, in my considered opinion the plaintiffs themselves not being diligent and having been the cause for delay in disposal of the suit cannot complain of delay and latches on part of the defendants. The suit still being at the - 8 - NC: 2025:KHC-D:1643 WP No. 100528 of 2025 preliminary stage of plaintiffs leading evidence, no prejudice has been caused to the plaintiffs on account of the counter claim having been allowed. 6. If at all the petitioners could always file their objections to the counter claim which should be considered by Trial Court; issues framed and the matter proceeded with. In that view of the matter, I do not find any infirmity in the order passed by the Trial Court. The Writ Petition stands dismissed. 7. Considering that the suit is of the year 2012, the Trial Court is directed to dispose of the matter as soon as possible, the submission of the counsels that they will co-operate with early disposal of the suit and not seek for any unnecessary adjournment is placed on record. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS/ List No.: 1 Sl No.: 37