- 1 - HC-KAR NC: 2025:KHC-D:11160 WP No. 106335 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 106335 OF 2025 (GM-CPC) BETWEEN: 1. GURUPADAPPA S/O. SHANKARAPPA ANGADI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: POST: YERIKOPPA, TQ AND DIST: DHARWAD. 2. SMT. NEELAVVA D/O. SURESH ANGADI, AGE: 51 YEARS, OCC: HOUSEHOLD, R/O: POST: YERIKOPPA, TQ AND DIST: DHARWAD. 3. SMT. PREMAVVA W/O. MADIVALAPPA, AGE: 49 YEARS, OCC: HOUSEHOLD, R/O: POST: YERIKOPPA, TQ AND DIST: DHARWAD. 4. SHRI. SURESH S/O. SHANKARAPPA ANGADI, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O: POST: YERIKOPPA, TQ AND DIST: DHARWAD …PETITIONERS (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: 1. SHRI. GURPUTRAPPA S/O. NAGAPPA ANGADI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.04 11:39:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11160 WP No. 106335 of 2025 2. SHRI. NAGAPPA S/O. MAHADEVAPPA ANGADI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 3. SMT. KASTURI W/O. KALLANGOUDA GURUANGOUDRA, AGE:40 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 4. SHRI. SHIVAPUTAPPA S/O. SHIVAPPA ANGADI, AGE: 72 YEARS, OCC: AGRICULTURE, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 5. SHRI SHIVANAND S/O. VEERUPAKSHAPPA ANGADI, AGE: 72 YEARS, OCC: AGRICULTURE, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 6. SMT. DYAMAVVA W/O ISHWARAPPA ANGADI, AGE:75 YEARS, OCC: HOUSEHOLD, R/O: POST: YERIKOPPA, TQ AND DIST: DHARWAD 7. ARJUN S/OBSAPPA ANAGDI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD 8. SMT. YELLAVVA W/O. BASAPPA ANGADI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 9. BASAVVA D/O. BASAPPA ANAGDI, AGE:42 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 10. RATNA D/O. BASAPPA ANGADI, AGE:39 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. - 3 - HC-KAR NC: 2025:KHC-D:11160 WP No. 106335 of 2025 11. SMT. NEELAVVA W/O. MAHADEVAPPA ANGADI, AGE:42 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 12. HANUMANTAPPA S/O. MAHADEVAPPA ANGADI, AGE:42 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 13. SMT. SEETAVVA W/O SHANKARGOUDA GURUNGOUDRA, AGE:42 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 14 SHRI MANJUNATH S/O VEERUPAKSHAPPA ANGADI, AGE:42 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 15. SMT. RENUKA W/O. BASAVARAJ ANGADI, AGE:42 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 16. SHRI VEERUPAKSHPPA S/O BASAVARAJ ANGADI, AGE:42 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 17. SHRI. PAVAN S/O. BASAVARAJ ANGADI, AGE:26 YEARS, OCC: AGRICULTURE, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 18. NAGAVVA D/O. SHIVAPPA ANGADI, AGE: 77YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 19. BASAVVA S/O. ISHWARAPPA ANGADI, AGE:55 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 20. SHRI BASAVARAJ S/O ISHWARAPPA ANGADI, AGE:53 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. - 4 - HC-KAR NC: 2025:KHC-D:11160 WP No. 106335 of 2025 21. SMT. SAROJA D/O. ISHWARAPPA, AGE:49 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 22. SHRI ANAND S/O. ISHWARAPPA ANGADI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 23. SMT. BASAVVA W/O. BASAPPA ANGADI, AGE:73 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 24. SHRI NINGAPPA S/O. BASAPPA ANGADI, AGE:45 YEARS, OCC: AGRICULTURE, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 25. SMT MANJULA W/O. BASAVARAJ MAIKER, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 26. SMT. MALLAVVA D/O. CHANNAPPA ANGADI, AGE: 75YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 27. NEELAVVA D/O. CHANNAPPA ANGADI, AGE: 73YEARS, OCC: HOUSEHOLD, R/O POST: YERIKOPPA, TQ AND DIST: DHARWAD. 28. SMT. SHARADA D/O. SHANKARAPPA ANGADI, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O: POST: YERIKOPPA, TQ AND DIST: DHARWAD 29. AKKAVVA D/O. SHANKARAPPA ANGADI, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O: POST: YERIKOPPA, TQ & DIST: DHARWAD. 30. SHRI. SURESH S/O. SHANKARAPPA ANGADI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: AT: POST YERIKOPPA, TQ & DIST: DHARWAD. …RESPONDENTS - 5 - HC-KAR NC: 2025:KHC-D:11160 WP No. 106335 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY WRIT TO QUASH THE ORDER PASSED BY IV ADDL. SENIOR CIVIL JUDGE AND JMFC IN OS NO. 167/2018 DATED 13/08/2025 ON IA NO. XXVI FILED BY PETITIONER UNDER ORDER 14 RULE 5 R/W 151 OF CPC VIDE ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This writ petition is filed by the petitioner challenging the order on IA No.26 dated 13.08.2025 passed in OS No.167/2018 by the learned IV Additional Senior Civil Judge and JMFC, Dharwad. 2. The brief facts leading rise to the final interpretation of this writ petition are as follows: 3. The respondents filed a suit for declaration, partition and separate possession in OS No.167/2018. The petitioners filed a written statement. The Trial Court framed the issues and thereafter the parties have led the evidence. Learned counsel for the respondents argued the matter and - 6 - HC-KAR NC: 2025:KHC-D:11160 WP No. 106335 of 2025 when the case was posted for reply arguments, the petitioners filed an application in IA No.26 for framing of additional issues and with respect to said application, the objections had been filed. 4. It is contended that the petitioners taken a defence in the written statement that there is no identification, extent of the suit schedule property and description of the suit property is not proper and the suit is not maintainable as per Order VII Rule 3 of the Code of Civil Procedure (for short ‘CPC’). The said application was opposed by the respondents by filing objections. The Trial Court after hearing both the parties, rejected the application in IA No.26 vide order dated 13.08.2025. Hence, this writ petition. 5. Heard the learned counsel for the petitioners. 6. Learned counsel for the petitioners submits that the petitioners have filed a written statement denying the identification, extent of the suit schedule property. The Trial - 7 - HC-KAR NC: 2025:KHC-D:11160 WP No. 106335 of 2025 Court ought to have framed the issue regarding the identification and the extent of suit schedule property. The Trial Court committed an error in not framing an issue on the identification and extent of the suit schedule property. He submit that the petitioners have filed an application in IA No.26 to frame additional issue, but the Trial Court committed an error in rejecting the application only on the ground that it was filed at a belated stage. He submit that the application for framing additional issues can be filed at any stage as per Order XIV Rule 5 of CPC. Hence, on this ground he prays to allow the writ petition. 7. Perused the records and considered the submissions of the learned counsel to the petitioners. 8. The respondents filed a suit for declaration, partition and separate possession in 2018. The petitioners appeared in the said suit and filed a written statement. The Trial Court framed the issues. Thereafter, both the parties have led their evidence and case was posted for arguments. - 8 - HC-KAR NC: 2025:KHC-D:11160 WP No. 106335 of 2025 Learned counsel for the respondents has argued the matter and when the case was posted for arguments of the petitioners, the petitioners sought an adjournment to argue the matter and thereafter the petitioners have filed an application in IA No.26 under Order XIV Rule 5 of the CPC to frame additional issues. The petitioners kept quiet till the matter was heard by the Trial Court and when the case was posted for arguments of the petitioners’ side, the petitioners have filed an application to protract the proceedings. The application filed by the petitioners is at a belated stage. Thus, the Trial Court was justified in rejecting the application under Order XIV Rule 5 of CPC. I do not find any error in the impugned order. 9. Accordingly, I proceed to pass the following: ORDER The writ petition is dismissed. SD/- (ASHOK S. KINAGI) JUDGE SH List No.: 2 Sl No.: 44