- 1 - HC-KAR NC: 2025:KHC-D:16088 WP No. 107913 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.107913 OF 2025 (GM-CPC) BETWEEN: M. NABISAB S/O. M. MEHABOOB SAB, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. SUBHASH NAGARA, NEAR UMAR MASJID, WARD NO.17, SANDUR TOWN, SANDUR, BALLARI-583 119. … PETITIONER (BY SRI. R.M. JAVED, ADVOCATE) AND: K. JAMEER SAHEB S/O. K. ALI SAHEB, AGE. 58 YEARS, OCC. AGRICULTURE, R/O. HOUSE NO.1094, CHAPPARADA HALLI AREA, BEHIND K.K. HOTEL, WARD NO.15, SANDUR TOWN, SANDUR, BALLARI-583 119. … RESPONDENT (BY SRI. SANKET AMBALI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HAGARIBOMMANAHALLI ON I.A. NO.IV DATED 18.08.2025 IN O.S. NO.95/2023 (ANNEXURE-H) AND THEREBY ALLOW THE I.A. NO.IV FILED BY DEFENDANT/PETITIONER (ANNEXURE-F). Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.25 11:59:13 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16088 WP No. 107913 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed by the petitioner assailing the order dated 18.08.2025 passed in O.S.No.95/2023 on I.A.No.IV by the learned Senior Civil Judge, Hagaribommanahalli, rejecting the application for amendment of the written statement. 2. Learned counsel for the petitioner would submit that application is filed to incorporate few facts, which according to the petitioner, are relevant for adjudication of the case on hand and the proposed amendment does not change the nature of the defence. It is his submission that though application is filed at the stage of cross-examination of PW1, the Court's power to amend the pleading after the commencement of trial is very much intact. - 3 - HC-KAR NC: 2025:KHC-D:16088 WP No. 107913 of 2025 3. Learned counsel for the respondent-plaintiff would oppose the said application on the premise that the amendment is impermissible after the commencement of evidence. 4. The Court has considered the contentions raised at the Bar and perused the records. 5. In terms of the proposed amendment, the petitioner seeks to incorporate few facts. Those facts are to be proved by the petitioner in case amendment is allowed. The plaintiff will be having an opportunity to file rejoinder in case amendment is allowed. Apart from that, merely because evidence has commenced, it does not mean that the Court has no power to amend the pleadings. 6. Hence, the following: ORDER i. Writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:16088 WP No. 107913 of 2025 ii. Impugned order dated 18.08.2025 passed in O.S.No.95/2023 on I.A.No.IV by learned Senior Civil Judge, Hagaribommanahalli, is set-aside. The I.A.No.IV filed under order VI Rule 17 read with Section 151 of the Code, is allowed. Defendant is permitted to amend the written statement. iii. The defendant shall furnish amended written statement along with cost of Rs.2,000/- payable to the plaintiff. iv. The plaintiff is at liberty to file rejoinder to the proposed amended written statement. v. It is made clear that the Court has not expressed anything on the merits of the proposed amendment. vi. All other contentions of the parties on merits are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 13