- 1 - HC-KAR NC: 2025:KHC-D:14461 WP No. 103336 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103336 OF 2023 (GM-CPC) BETWEEN: 1. VISHWANATH S/O RACHOTAYYA HIREMATH, AGE. 51 YEARS, OCC. EMPLOYEE, R/O. TEGGIN ONI, KUSHTAGI, TQ. KUSHTAGI, DIST. KOPPAL-583 277. 2. NAGRAJ S/O RACHOTAYYA HIREMATH, AGE. 45 YEARS, OCC. DOCTOR, R/O. TEGGIN ONI, KUSHTAGI, TQ. KUSHTAGI, DIST. KOPPAL-583 277. … PETITIONERS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. KANAKAPPA S/O HANAMAPPA LULI, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. NEAR KANAKADAS CIRCLE, SHAKAPUR ROAD, KUSHTAGI, TQ. KUSHTAGI, DIST. KOPPAL-583 277. 2. SHARANAPPA S/O KANAKAPPA LULI, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. NEAR KANAKADAS CIRCLE, SHAKAPUR ROAD, KUSHTAGI, TQ. KUSHTAGI, DIST. KOPPAL-583 277. … RESPONDENTS (BY SRI. ANAND R. KOLLI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14461 WP No. 103336 of 2023 22.05.2023 PASSED BY PRL. CIVIL JUDGE AND JMFC, KUSHTAGI IN O.S. NO.361/2018 ON I.A. NO.19 VIDE ANNEXURE-E. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 22.05.2023 passed on I.A.No.19 in O.S.No.361/2018 on the file of the Principal Civil Judge, Kushtagi. In terms of impugned order on I.A.No.19, the defendant's counter claim is accepted. 2. The petitioners are before this Court on the premise that the counter claim cannot be accepted beyond 90 days i.e., the time permitted to file the written statement. 3. This Court has considered the contentions raised at the Bar and perused the records. 4. The suit is filed on 19.09.2018 for the relief of injunction. Later it was amended on 06.04.2023 pursuant to application for amendment filed on 16.03.2023. In the - 3 - HC-KAR NC: 2025:KHC-D:14461 WP No. 103336 of 2023 amendment, the plaintiffs sought for the relief of declaration. 5. The defendants by then had filed written statement. Since the plaint was amended, on 11.04.2023 defendants filed additional written statement to the amended plaint and in addition, he also filed the counter claim. 6. Learned counsel for the petitioners would submit that the counter claim is not maintainable as it is filed beyond 90 days from the date of appearance which was in 2018. 7. This Court is unable to accept the contention. The plaint was amended on 06.04.2023. Hence, the defendant had an opportunity to file additional written statement. Along with additional written statement to the relief of declaration sought by the plaintiffs, the defendants also filed counter claim on 11.04.2023 i.e., within 30 days from the date of amended plaint. - 4 - HC-KAR NC: 2025:KHC-D:14461 WP No. 103336 of 2023 8. This Court does not find any error in the impugned order. 9. Hence, the petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 28