- 1 - NC: 2025:KHC:12598 WP No. 29106 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 29106 OF 2024 (GM-CPC) BETWEEN: MR B G CHANDRE GOWDA S/O B S GIDDE GOWDA AGED ABOUT 68 YEARS AGRICULTURIST R/O BYNECOOL ESTATE JENUGADDE POST CHIKMAGALUR TALUK & DISTRICT-577101. …PETITIONER (BY SRI. AJIT P B.,ADVOCATE) AND: 1. SRI SATHISHA S/O LATE RAMESH AGED ABOUT 42 YEARS 2. SRI HARISHA S/O LATE RAMESH AGED ABOUT 37 YEARS BOTH ARE R/OF GANGA NILAYA NEAR KEB QUARTERS DANTARAMAKKI CHIKKAMAGALURU 577 101. 3. SMT BHAGYA W/O BEERESH D/O LATE RAMESH AGED ABOUT 43 YEARS R/O LINGAPURA KADUR TALUK CHIKKAMAGALURU DISTRICT-577101. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12598 WP No. 29106 of 2024 4. SRI N C BEERE GOWDA S/O LATE CHIKKE GOWDA AGED ABOUT 70 YEARS 5. SRI N B CHIDANAND S/O BEERE GOWDA AGED ABOUT 40 YEARS 6. SMT HEMALATHA D/O BEERE GOWDA AGED ABOUT 38 YEARS 7. SRI RAGHU S/O BEERE GOWDA AGED ABOUT 35 YEARS R4 TO R7 ARE RESIDENTS OF NELLUR VILLAGE CHIKKAMAGALURU TALUK-577101. 8. SRI N S SOMASHEKAR S/O LATE SOME GOWDA AGED ABOUT 56 YEARS 9. SRI DEEPAK S/O N S SHEKAR AGED ABOUT 28 YEARS 10. SRI DIKSHITH S/O N S SHEKAR AGED ABOUT 27 YEARS 11. SMT UMA W/O N S SHEKAR AGED ABOUT 49 YEARS 12. N S MANJUNATH S/O SOME GOWDA - 3 - NC: 2025:KHC:12598 WP No. 29106 of 2024 AGED ABOUT 48 YEARS 13. KUM ANUSHA D/O NS MANJUNATH AGED ABOUT 27 YEARS 14. KUM ARCHANA D/O NS MANJUNATH AGED ABOUT 25YEARS 15. SRI THEJU S/O NS MANJUNATH AGED ABOUT 24 YEARS 16. SMT KAVITHA W/O NS MANJUNATH AGED ABOUT 45 YEARS 17. SMT PREMA W/O N S MANJUNATH AGED ABOUT 43 YEARS R8 TO R17 ARE RESIDENTS OF NELLUR VILLAGE,KASABA HOBLI CHIKKAMAGALURU TALUK 577101. 18. SMT LALITHAMMA SINCE DEAD REP BY HER LRS C K LINGE GOWDA S/O B P KENCHEGOWDA SINCE DEAD BY HIS LRS 19. C K VIJAYALAKSHMI W/O C K LINGEGOWDA AGED ABOUT 45 YEARS ASSISTANT DIRECTOR OF AGRICULTURAL DEARTMENT JYOTHINAGARA, CHIKAMAGLUR 577101. - 4 - NC: 2025:KHC:12598 WP No. 29106 of 2024 20. KUM RACHANA D/O LATE LINGEGOWDA AGED ABOUT 21 YEARS R/A HOUSING BOARD COLONY CHIKAMAGALUR TOWN-577101. 21. C K MANJUNATH S/O LATE BP KENCHEGOWDA AGED ABOUT 45 YEARS R/AT KENCHAMBA TRADERS MARKET ROAD, CHIKMAGALUR-577101. 22. C K PRAKASH S/O LATE B P KENCHEGOWDA AGED ABOUT 43 YEARS R/A KENCHAMBA TRADERS MARKET ROAD, CHIKMAGALUR, 577101. 23. SMT C K JAYANTHI W/O LATE BHAGAVAN AGED ABOUT 40 YEARS R/A SAKARAYAPATTANA TOWN AND POST, KADUR TALUK CHIKMAGALUR DISTRICT 577101. 24. SMT CK NAGARATHNA W/O KUMARASWAMY AGED ABOUT 32 YEARS R/A CHANNARAYAPATTANA TOWN HASSAN DISTRICT 573116 C/O KUMARASWAMY CHANNARYAPATTANA POLICESTATION CHANNARAYALPATTANA 573116 …RESPONDENTS (BY SRI. HARSHA V., ADVOCATE FOR R1 TO R3 NOTICE TO R4 TO R24 ARE DISPENSED WITH V/O DATED: 08.07.2024) - 5 - NC: 2025:KHC:12598 WP No. 29106 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.10.2024 PASSED ON I.A.NO.VII FILED UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF C.P.C BY THE 1ST ADDL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU IN O.S.112/2019 (ANNEXURE A) AND ALLOW THE I A NO. VII IN O.S.NO. 112/2019 ON THE FILE OF THE 1ST ADDL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMGAKURU AND ETC. THIS PETITION, COMING ON FOR ORDERSM,, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 01.10.2024 passed by the I Addl. Senior Civil Judge and JMFC, Chikkamagaluru, on I.A.No.VII filed under Order VI Rule 17 read with Section 151 of CPC in O.S.No.112/2019, whereby the Trial Court has dismissed the said application. 2. The plaintiff filed the suit for declaration. On service of suit summons, the defendants have appeared through counsel and filed written statement. The Trial Court before framing issues, the plaintiff filed I.A.No.VII under Order VI - 6 - NC: 2025:KHC:12598 WP No. 29106 of 2024 Rule 17 of CPC seeking permission to amend the plaint. The Trial Court, by impugned order has dismissed the said application on the ground that there is delay in filing the application and also on the ground that if the said application is allowed, it will change the entire nature of the suit. Being aggrieved by the said order, the present petition is filed. 3. By way of amendment, the plaintiff is not withdrawing any pleadings made in the plaint. In fact, the application is filed by the plaintiff before framing of issues by the Trial Court. If the application is allowed, it will not cause any prejudice to the defendants. Further, in order to avoid multiplicity of proceedings, it is necessary to allow the application filed under Order VI Rule 17 of CPC. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. - 7 - NC: 2025:KHC:12598 WP No. 29106 of 2024 b) The order dated 01.10.2024 passed by the I Addl. Senior Civil Judge and JMFC, Chikkamagaluru, on I.A.No.VII filed by the plaintiff under Order VI Rule 17 read with Section 151 of CPC in O.S.No.112/2019, is hereby set aside. c) I.A.No.VII filed by plaintiff is allowed. d) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 33