- 1 - HC-KAR NC: 2025:KHC:40753 WP No. 8916 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8916 OF 2021 (GM-CPC) BETWEEN: 1. SRI T N NARAYANAPPA S/O NARASIMHA MURTHY AGED ABOUT 66 YEARS. 2. T.C. PUTTAKAVALAPPA S/O LATE CHOWDAPPA AGED ABOUT 76 YEARS. 3. T.K. NARASIMHAMURTHY S/O KRISHNAMURTHY AGED ABOUT 61 YEARS. 4. KAMAKKA D/O LAE RANGEGODA AGED ABOUT 69YERS. 5. RAJANNA S/O CHIKKAKADURAPPA AGED ABOUT 56 YEARS. 6. RAMESH S/O LATE KRISHNAPPA AGED ABOUT 52 YEARS. PETITIONERS ARE R/A THIMMANAHALLI VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT - 572 129. …PETITIONERS (BY SRI YASHWANTH NETAJI N.T, ADV., FOR SRI K.V. NARASIMHAN, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40753 WP No. 8916 of 2021 AND: 1. SRI RAMAKRISHNAIAH S/O NARASEGOWDA (KENJIGAPPA) AGED ABOUT 56 YEARS R/O THIMMANAHALLI VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT - 572 129. 2. T.N. NARAIMHAIAH S/O LATE NARASAYAPPA AGEDA BOUT 80 YEARS. 3. T.N. LAKSHMINARASAIAH S/O LATE NARASAYAPPA AGED ABOUT 72 YEARS. RESPONDENT NO.2 AND 3 ARE R/O THUMBOGONAHALLI VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT - 572 129. …RESPONDENTS (BY SRI HARISH H.V, ADV.; R-2 & R-3 SERVED - UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER AT ANNX-E PASSED BY THE LEARNED CIVIL JUDGE AND JMFC AT KORATAGERE IN OS NO.113/2009 DTD 20.01.2021 ON IA NUMBERED NIL VIDE ANNX-D FILED BY THE PETITIONERS UNDER ORDER 6 RULE 17 CPC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2025:KHC:40753 WP No. 8916 of 2021 ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the plaintiffs with a prayer to set-aside the order dated 20.01.2021 passed on IA filed under Order VI Rule 17 of CPC in OS No.113/2009 by the Court of Civil Judge and JMFC, Koratagere. 2. Heard the learned counsel for the parties. 3. Plaintiffs had filed OS No.113/2009 before the jurisdictional Civil Court with a prayer to grant a decree of declaration and also mandatory injunction and in the said suit, at the stage of addressing final arguments, an application under Order VI Rule 17 of CPC was filed by the plaintiffs which was opposed by the contesting defendant by filing objections. The Trial Court vide the order impugned dated 20.01.2021 has dismissed the said application. Being aggrieved by the same, the plaintiffs are before this Court. 4. The Trial Court has observed that perusal of the plaint would go to show that the plaintiffs have not mentioned the measurement of the existing road but during the course of their - 4 - HC-KAR NC: 2025:KHC:40753 WP No. 8916 of 2021 deposition, they have given evidence to the said effect and also cross examined DW1 about the measurement. The present application is filed seeking amendment of the plaint by incorporating the proposed amendment which relates to the measurement of the property in dispute. Undisputedly, application is filed at a belated stage when the suit was at the stage of arguments. Any amendment after commencement of trial can be considered only if a party is able to show that inspite of due diligence, the proposed amendment could not be brought before the Court earlier. In the present case, prior to filing of application under Order VI Rule 17 of CPC, an application seeking appointment of the Court Commissioner to measure the property was filed on behalf of the plaintiffs which was dismissed by the Trial Court. 5. This Court in WP No.6/2021 has set-aside the order of the Trial Court rejecting the plaintiffs' application seeking appointment of the Court Commissioner and has directed the Trial Court to appoint Court Commissioner for the purpose of measurement of the property. Considering the said aspect of the matter and also having regard to the fact that the - 5 - HC-KAR NC: 2025:KHC:40753 WP No. 8916 of 2021 application seeking amendment of the plaint to bring in the measurement of the property in dispute has been filed in belated stage, I am of the opinion that this writ petition does not merit consideration. Accordingly, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 0