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2025 DAILYLAW 40288 (KAR)

SRI SUBBARAYAPPA v. SMT SHAKUNTAHLA

WP/21073/2021 · 2025-09-25

K Manmadha Rao

body2025

Judgment text

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- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.21073 OF 2021 (GM-CPC) BETWEEN: SRI. SUBBARAYAPPA S/O LATE RAMAIAH AGED ABOUT 67 YEARS R/AT. HONNAGANAHATTI TAVAREKERE HOBLI BENGALURU NORTH TALUK- 92. …PETITIONER (BY SRI. SRINIVAS .V, ADVOCATE) AND: 1 . SMT. SHAKUNTHALA W/O PUTTAIAH AGED ABOUT 59 YEARS KAMAKSHIPALYA MAGADI MAIN ROAD BENGALURU - 560079. 2 . B.S. SHIVALINGAIAH S/O BHADRAIAH AGED ABOUT 67 YEARS R/AT NO.115/116 SREE NANJUNDESHWARA NILAYA 4TH CROSS, 1ST MAIN, HVR LAYOUT MAGADI MAIN ROAD BENGALURU - 560079. 3 . SRI. G.G. SHIVASHANKAR S/O LATE G.P. GANGADHARESH AGED ABOUT 43 YEARS - 2 - RESIDING AT NO 13-1-107 HINDUPURA, BENGALURU ROAD ANANTHAPURA DISTRICT - 515501. 4 . SMT. S.G. JAYALAKSHMAMMA W/O R. DHANANJAYA AGED ABOUT 32 YEARS RESIDING AT NO.246, 1ST FLOOR CHIKKAIAH BUILIDNG NEAR MUTTHURAYASWAMY BAR RAJEEV GANDHI CIRCLE SUNKADAKATTE, BENGALURU - 91. 5 . SMT. SAROJAMMA W/O RAMANNA AGED ABOUT 59 YEARS RESIDING AT KADARAPURA VILLAGE SANTHEMAVATHURU DHAKALE KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT - 571102. 6 . SRI. MUNIRAJU S/O SRI. THAMMAIAH @ MUNIVENKATAPPA AGED ABOUT 39 YEARS RESIDING AT GUDDALAHALLI VILLAGE MADABAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 571551. 7 . SRI. T. LAKSHMAMMA S/O LATE THIMMAIAH AGED ABOUT 54 YEARS RESIDING AT NO.2800 2ND STAGE, D BLOCK 11 A MAIN ROAD, RAJAJINAGARA BENGALURU - 10. 8 . SMT. YALLAMMA W/O SRI. THAMMAIAH @ MUNIVENKATAPPA AGED ABOUT 63 YEARS RESIDING AT GUDDALAHALLI VILLAGE MADABAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 571551. - 3 - 9 . SMT. MANJULA W/O A.C. NAGARAJU AGED ABOUT 45 YEARS RESIDING AT NO.197/3, 1ST MAIN KAVERI BADAVANE, BENGALURU - 560072. 10 . SRI. PADMARAJANNA S/O LATE HANUMANTHAIAH AGED ABOUT 63 YEARS RESIDING AT NO 442 MANJUNATHANAGARA 3RD PHASE 1ST BLOCK, 12TH MAIN BENGALURU - 10. 11 . SMT. P.B. SUMITHRA W/O SIDDALINGESHWARA AGED ABOUT 51 YEARS RESIDING AT NO:W151 3RD SECTOR, HMT COLONY JALAHALLI, BENGALURU - 13. 12 . SMT. JAYAMMA W/O R. THIMMARAJU AGED ABOUT 37 YEARS RESIDING AT NO 118, 4TH STAGE 4TH BLOCK, 8TH MAIN BASAVESHWARANAGARA BENGALURU - 79. 13 . SMT. ANITHA W/O K.R. KUMAR AGED ABOUT 33 YEARS RESIDING AT NO.246, 1ST FLOOR CHIKKAIAH BUILDING NEAR MUTTARAYASWAMY BAR RAJEEVGANDHI CIRCLE SUNKADAKATTE, BENGALURU - 91. 14 . SRI. SUNDARAM RAMANATHAN S/O LATE S. RAMANATHAN AGED ABOUT 47 YEARS RESIDING AT FLAT NO C -204 - 4 - NAGARAJUNA MAPLE HEIGHTS OUTER RING ROAD, NEAR B NARAYANAPURA BENGALURU - 16. 15 . MRS. RESHMY S. IYER W/O SUNDARM RAMMANATHAN AGED ABOUT 45 YEARS RESIDING AT FLAT NO C -204 NAGARAJUNA MAPLE HEIGHTS OUTER RING ROAD, NEAR B NARAYANAPURA BENGALURU - 16. 16 . SMT. RAJALAKSHMI W/O C.A. KRISHNAMURTHY AGED ABOUT 67 YEARS RESIDING AT NO.51, 1ST FLOOR 11TH MAIN ROAD, 16TH CROSS MALLESHWARAM, BENGALURU - 55. 17 . SRI. VENKATAIAH G.T. S/O LATE THIRUMALEGOWDA AGED ABOUT 61 YEARS RESIDING AT NO 15 ARALIMARADA ROAD, 2ND MAIN MAGADI MAIN ROAD KAMAKSHIPALYA, BENGALURU - 21. 18 . SMT. NARASAMMA W/O B. VENKATESH AGED ABOUT 64 YEARS RESIDING AT KEMPEGOWDA NAGARA 1ST MAIN, 2ND CROSS VISWANEEDUM POST BYDARAHALLI, BENGALURU-91. 19 . SRI. RANGANATHAIAH .T S/O SRI. THIPPERANGAPPA AGED ABOUT 51 YEARS RESIDING AT NO.311/293 BEHIND GOVT SCHOOL, 6TH MAIN 3RD BLOCK, 3RD STAGE BASAVESHWARANAGARA - 5 - BENGALURU-79. 20 . SRI. KRISHNAIAH G.M. S/O LATE C. MARIYAPPA AGED ABOUT 56 YEARS RESIDING AT NO.117, PAVITHRA NILAYA BCMC LAYOUT, KANAKAPURA MAIN ROAD RAGHUVANAHALLI, BENGALURU-62. 21 . SRI. S. RAVICHANDRAN S/O LATE M.V. SUNDARESAN AGED ABOUT 75 YEARS RESIDING AT NEW NO.45 SRI SHANMUGAM ROAD R S PURAM, COIMBATORE-641002. 22 . SMT. PRABHA RAVICHANDRAN D/O S. RAVICHANDRAN AGED ABOUT 65 YEARS RESIDING AT NEW NO.45 SRI SHANMUGAM ROAD R S PURAM, COIMBATORE-641002. 23 . SRI. T. VENKATESAN S/O G. THIRUPATHI AGED ABOUT 40 YEARS RESIDING AT MARIKAMPALLI VILLAGE ITTIKKAL AGARAM POST KRISHNAGIRI TALUK AND DISTRICT TAMILNADU-635122. 24 . SRI. MURUGENDRAPPA .A S/O ADAVIYAPPA AGED 64 YEARS R/AT KANNALLI VILLAGE KODIGEHALLI POST YESHWANTHAPURA HOBLI BENGALURU-91. 25 . SMT. MANJULA L.V. S/O G. VENKATESH AGED 70 YEARS - 6 - R/AT NO.15 (127/1) BEHIND MES SCHOOL, 6TH A MAIN, (SWAYAM PRABHA KALYANAMANTAPPA ROAD) MEENAKSHINAGAR, KAMAKSHIPALYA BENGALURU-79. 26 . SRI. N. PRABHAKARAN S/O C.K. NANJUNDAIAH AGED 57 YEARS R/AT NO.126, KAVDA SHOLAI MARLIMUND LAKE ROAD PUDUMUND POST OOTY, NILGIRIS-643007. 27 . SRI. CHANDRASHEKAR P.S. S/O LATE SHIVANNA AGED 55 YEARS R/AT PEMMANAHALLI VILLAGE SOLUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-571 551. 28 . SMT. MANJULA S/O B.C. CHIKKANNA AGED 49 YEARS R/AT NO.313, BYADARHALLI VISWANEEDUM POST, MAGADI MAIN ROAD YASHWANTHAPURA HOBLI BANGALORE NORTH TALUK BANGALORE-91. 29 . SMT. L. CHANDRAKALA W/O SHIVAKUMAR .K AGED 37 YEARS R/AT NO.58, VRUSHABHAVATHI NAGARA 1ST MAIN ROAD, MAGADI MAIN ROAD KAMAKSHIPALYA, BENGALURU-79. 30 . SRI. YOGESH H.G S/O SRI. GANGANNA AGED 47 YEARS. - 7 - 31 . SMT. GEETHA W/O SRI. H.G. YOGESH AGED 33 YEARS. RESPONDENT 30 & 31 ARE R/AT NO. 402, HONNUDIKE VILLAGE GULUR HOBLI, TUMKUR DISTRICT 571102. 32 . SMT. AKKAJJAMMA S/O LATE LAKSHMANA AGED 67 YEARS R/AT NO. 30-1-1 BHUVANESHWARI NAGARA 20TH CROSS, MARIYAPPANAHALLI BENGALURU 23. 33 . SMT. JAYALAKSHMI W/O N. JAYARAMU AGED 45 YEARS R/AT NO. 49, 1ST MAIN 1ST CROSS, KAMALANAGARA BENGALURU 79. 34 . SRI. C. MAHESH S/O CHANNAHANUMAIAH AGED 50 YEARS R/AT NO. 248/1 MAHADESWARA NAGARA 3RD CROSS, VISHWANEEDUM POST MAGADI MAIN ROAD HEROHALLI, BENGALURU 91. 35 . SRI. TEJARAM S/O KALLU RAM AGED 46 YEARS R/AT NO. 110, HANSA BUILDING CHANDANA LAYOUT, 8TH CROSS 4TH MAIN, SHREE GANDHADA KAVALU SUNKADAKATTE, BENGALURU 91. 36 . SRI. M.B. KRISHNEGOWDA S/O M.C. BETTAIAH - 8 - AGED 63 YEARS R/AT NO. 1536 4TH MAIN MNC BHADRAVATHI 577301. 37 . SMT. C.T. MAMATA W/O C.C. THIMMEGOWDA AGED 47 YEARS R/AT NO. 36, MUDDANAYAPALYA ASSESSMENT NO. 35/1 YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK 92. 38 . SRI. G.M. PRASAD S/O G.P. MALLIKARJUNA SWAMY AGED 51 YEARS R/AT GANDASI VILLAGE GANDASI HOBLI ARASIKERE TALUK HASSAN DISTRICT. 39 . SRI. UMESH V S/O VEEREGOWDA AGED 50 YEARS R/AT NO. 32/4, 3RD CROSS 2ND STAGE, GRUHALAKSHMI LAYOUT KAMALANAGARA, BENGALURU 79. 40 . SRI. THANNARAM PATEL S/O MOHANLAL AGED 43 YEARS 5TH MAIN ROAD SRIKANTESHWARANAGARA MAHALAKSHMI LAYOUT BANGALORE 96. 41 . KUMARI L. JAYALAKSHMI D/O D.P. LINGARAJAPPA AGED 34 YEARS R/AT THYAGARAJA COLONY SANIVARASANTHE SOMAVARAPETE TALUK - 9 - KODAGU DISTRICT 571236. 42 . SRI. MURALIDHAR G.P. S/O LATE K.C. PILLAPPA AGED 51 YEARS R/AT NO. 863/21/2 K.K. HEBBAR ROAD 12TH MAIN ROAD, 5TH CROSS HANUMANTHANAGARA BENGALURU 19. 43 . SRI. H. SREENIVASA S/O SRI. HUCHAPPA AGED 49 YEARS CHANDRASHEKARA LAYOUT 2ND CROSS, EARANNANA PALYA MAIN ROAD, VISHWANEEDUM POST BENGALURU 91. 44 . SRI. MALLEGOWDA H.K. S/O SRI. KRISHNEGOWDA AGED 35 YEARS R/AT NO.395, 8TH BLOCK 8TH CROSS, NEAR BDA COMPLEX NAGARABHAVI, BANGALORE 560 072. 45 . SMT. BHAGYA U.K. W/O I.E RAJESH R/AT NO. 42, 4TH STAGE 3RD BLOCK, J.C. NAGARA BASAVESHWARANAGARA BANGALORE 560079. 46 . SMT. S. SANTHAMMA W/O LATE M. KRISHNA AGED 49 YEARS R/AT NO. 11/11 KAREKALLU MAIN ROAD MAGADI MAIN ROAD KAMAKSHIPALYA BANGALORE 560 079. - 10 - 47 . SMT. LALITHA UMESH W/O K.M. UMESH AGED ABOUT 47 YEARS RESIDING T NO.40/8 SRI BYRAVESHWARA NILAYA 4TH A MAIN, GOVINDARAJANAGARA NAGARABHAVI MAIN ROAD BANGALORE-560040. 48 . SRI. H.C. KRISHNAPPA S/O LATE CHIKKABYRAPPA AGED ABOUT 54 YEARS RESIDING AT NO.117 HONNAGANAHATTI VILLAGE TAVAREKERE HOBLI BANGALOR SOUTH TALUK 92. 49 . SRI. K.M. SREENIVASA S/O LATE MOODLEGOWDA AGED ABOUT 54 YEARS R/AT KENCHEGOWDANA KOPPALU KOTEBETTA DHAKALE, DEVALAPURA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT 571401. 50 . SRI. KUMAR T.H. S/O SRI. HONNAIAH AGED ABOUT 52 YEARS RESIDING AT SREE MARUTI NILAYA SATHYANARAYANA LAYOUT 1ST CROSS, BASAVESHWARANAGARA BANGALORE-560079. 51 . SRI. D. CHALUVARAJU S/O K.C. DANEGOWDA AGED ABOUT 55 YEARS RESIDING AT NO.11/1 3RD MAIN ROAD BYRAVESHWARA NAGARA SUNKADAKATTE BANGALORE 560091. - 11 - 52 . SRI. S.B. RAJANNA S/O LATE BHADRAIAH AGED ABOUT 64 YEARS RESIDING AT KADARAPURA VILLAGE SANTHEMAVATHURU DHAKALE KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT 570102. 53 . SMT. KALYANI C. REDDY W/O CHINNADORAI T. REDDY AGED ABOUT 63 YEARS R/AT NO 62/1, 17TH MAIN 11TH CROSS FEEDOM FIGHETER COLONY LEGGERE, BANGALORE 560058. 54 . SMT. RENUKA K.V. W/O H.R. PRABHAKAR AGED 32 YEARS R/AT NO 85/5 CARE OF VASU F.F. LAYOUT LAGGERE, BANGALROE 560058. 55 . SRI. RAVI .N S/O NARASIMHAMURTHY AGED 35 YEARS R/AT VALEGERE PALYA KEMPASAGARA POST KASABA HOBLI, MAGADI TQ RAMNAGARA DIST 562159. 56 . SRI. M.G. VENKATESH S/O LATE GIIYAPPA AGED ABOUT 56 YEARS R/AT MADAPPANAPALYA VILLAGE DODDAMAVATHUR POST KASABA HOBLI, KUNIGAL TQ TUMKURU DIST 570102. 57 . SRI. GANGADHAR S/O SANJEEVAIAH AGED 41 YEARS - 12 - R/AT THIPPASANDRA VILLAGE THIPPASANDRA HOBLI MAGADI TQ RAMANAGARA DIST 562159. 58 . SRI. SREENIVASAIAH S/O LATE THIMMAIAH AGED 66 YEARS R/AT NO.60, 3RD CROSS KEB ROAD, GANESHA FARM MAGADI MAIN ROAD ANJANANAGARA BANGALORE 560091. 59 . SRI. SUNDARAM RAMANATHAN S/O LATE S. RAMANATHAN AGED ABOUT 49 YEARS R/AT FLAT NO.(C) 204 NAGARJUNA MAPLE HEIGHTS OUTER RING ROAD NEAR B NARAYANAPURA BANGALORE 560 016. 60 . SRI. C.A. KRISHNAMURTHY S/O LATE AYYA MANI IYER AGED ABOUT 75 YEARS R/AT NO.51, 1ST FLOOR 11TH MAIN ROAD 16TH CROSS, MALLESHWARAM BANGALORE 560 055. 61 . SMT. V.K. SANTHAMMA W/O BOREGOWDA AGED ABOUT 45 YEARS R/AT NO.7, KAVERI NAGARA 1ST CROSS, 3RD STAGE PEENYA, BANGALORE 560 058. 62 . SRI. NAGARAJU S/O LATE DODDATHAMMAIAH AGED ABOUT 49 YEARS R/AT KENCHANAHALLI VILLAGE - 13 - HULIYURDURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT 570 102. 63 . SRI. SHIVAKUMAR M.V. S/O SRI. VENKATESHAIAH AGED ABOUT 35 YEARS R/AT. MALLUR VILLAGE MOTAGANAHALLI POST SOLUR HOBLI, MAGADI TALUK RAMANGARA DISTRICT 562 159. 64 . SRI. EASHWARAPPA .R S/O LATE RANGAPPA AGED ABOUT 59 YEARS R/AT RANGAIAHNAPALYA VILLAGE MADABAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT 562 159. 65 . SRI. S. MUNISWAMY S/O LATE KEMPANNA AGED ABOUT 41 YEARS RESIDING AT NO.339 4TH MAIN ROAD, RHCH LAYOUT ANNAPOORNESHWARI NAGARA BANGALORE-560091. 66 . SRI. GANESH .S S/O SANATHANA AGED ABOUT 49 YEARS. 67 . SMT. NIRMALA W/O SRI. GANESH .S AGED ABOUT 42 YEARS. RESPONDENT NO.66 AND 67 ARE RESIDING AT NO.3 KEMPEGOWDA NAGARA VISHWANEEDUM POST MAGADI MAIN ROAD BYADARAHALLI BANGALORE - 560091. - 14 - 68 . SRI. P.S. RUDRESH S/O LATE SHIVANNA C/O HONNAGANGAPPA KADABAGERE VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK-92. 69 . KUMARI DIVYANAGARI D/O D.N. NAGENDRAIAH AGED ABOUT 34 YEARS RESIDING AT NO.1044 BEL LAYOUT, 2ND STAGE BARATHNAGAR MAGADI MAIN ROAD BANGALORE-560091. 70 . SMT. PUSHPALATHA BALARAMU W/O BALARAMA SHETTY AGED ABOUT 55 YEARS RESIDING AT NO.12/1 RANGANATHA NILAYA, 6TH MAIN AGRAHARA DASARAHALLI BANGALORE-560079. 71 . SRI. K. GIREESH S/O KODANDAPANI AGED ABOUT 53 YEARS RESIDING AT NO.734, 6TH CROSS 4TH MAIN, PRAKASH NAGARA BANGALORE 560021. 72 . SRI. GOPAL .N S/O LATE K. NANJUNDAIAH AGED ABOUT 53 YEARS RESIDING AT INESH NILAYA SHAMBHAVI NAGARA, 2ND STAGE PEENYA, BANGALORE 560058. 73 . SMT. S.G. JAYALAKSHMI W/O S.K. SHIVARAMAIAH AGED ABOUT 55 YEARS RESIDING AT BARATH NAGARA - 15 - BEL LAYOUT, 2ND STAGE VISHWANEEDUM POST BANGALORE 560091. 74 . SRI. SHANKAR H.B. S/O BETTASWAMAIAH AGED ABOUT 44 YEARS RESIDING AT NO.49 1ST MAIN ROAD, 2ND CROSS NEAR MUNISWAMAPPA SCHOOL LEGGERE, BANGALORE 560058. 75 . SRI. VENKATARAMAIAH S/O YALLAIAH AGED ABOUT 61 YEARS 1ST CROSS, 2ND STAGE, 11TH PART KERE ANGALA, NAGARABHAVI BANGALORE 560072. 76 . SRI. D. SURESH S/O SRI. DUBBAIAH AGED ABOUT 42 YEARS MACHAHALLI VILLAGE THORESHETTIHALLI POST AATAGUR HOBLI, MADDUR TALUK MANDYA DISTRICT 571403. 77 . SRI. VIJAY KUMAR S/O B. NARAYANAPPA AGED ABOUT 45 YEARS RESIDING AT NO 13-7-18 BANGALORE ROAD, HINDUPURA ANANTHAPURA DISTRICT 515001. 78 . SRI. M. THIMMEGOWDA S/O LATE MUNIVENKATAPPA AGED ABOUT 42 YEARS RESIDING AT GEETHA FANCY STORE NEAR MARIYASADHANA SCHOOL MUNESHWARA NAGARA MAIN ROAD NEELAGIRI THOPU, SUNKADAKATTE BANGALORE-560091. - 16 - 79. SMT. SARASWATHAMMA W/O B.T. SREENIVASAMURTHY AGED ABOUT 45 YEARS R/AT. NO.41, SANNAKKIBAYALU 2ND CROSS, VRUSHABHAVATHINAGARA MAGADI MAIN ROAD, KAMAKSHIPALYA BANGALORE-560079. 80 SMT. HONNAMMA W/O P.S. RUDRESH D/O LATE SHIVANNA C/O HONNAGANGAPPA KADABAGERE VILLAGE KADABAGERE POST DASANAPURA HOBLI BANGALORE NORTH TALUK. …RESPONDENTS (BY SRI. PRASHANTH H.S. ADVOCATE FOR R1 V/O/DTD:08.12.2021 NOTICE TO R2 - R80 D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.356/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MAGADI. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND SET ASIDE THE ORDER DATED 01.09.2021 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MAGADI ON IA NO.25 FILED UNDER ORDER VI RULE 17 OF CPC IN OS NO.356/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MAGADI ANNEXURE-F TO THE WRIT PETITION AND CONSEQUENTLY DISMISS THE APPLICATION FILED BY THE 1ST RESPONDENT & ETC. - 17 - THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 09.09.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO CAV ORDER This Writ Petition has been filed seeking to set aside the order dated 01.09.2021 on I.A. No.25 under Order VI Rule 17 read with section 151 of CPC in O.S. No.356/2014 on the file of Additional Senior Civil Judge and JMFC at Magadi. 2. The Petitioner herein is the defendant no.1 before the Trial Court and Respondent No-1 is the Plaintiff no.1 before the trial court. Respondents No-2 to 80 are the defendants no-2 to 80 respectively. 3. The facts of the case are as follows: The 1st Respondent filed a suit for specific performance of the agreement dated 29.09.1995 before the senior civil judge, Magadi contending that, the first - 18 - defendant have executed a sale agreement in his favour agreeing to sell the suit schedule property for a sum of Rs. 5,10,000/- and thereafter agreement renewed time and again and lastly on 13/01/2011 and thereby praying for specific performance. The Defendant appeared before the Trial Court and denied the execution of sale agreement and denied the execution of the sale agreement and contended that the agreement had arisen out of the loan transaction and denied the further renewal of the agreements and further denying that he received the total consideration of Rs. 2,45,000/- and prayed for the dismissal of the suit. During the pendency of the suit, the other defendants, i.e., defendants 3 to 80 were impleaded on the ground that they purchased the suit schedule property during the pendency of the suit. As the matter stood thus, the Respondent no.1 has filed the application seeking amendment of plaint to which the petitioner has filed objections. The Trial Court after - 19 - hearing both the sides allowed the application. Aggrieved by the same, this writ petition has been filed. 4. Heard Counsels for petitioner and Respondent No.1. Notices have been served to Respondents No.2 to 80. 5. The Learned Counsel for the petitioner would contend that the application is filed after the commencement of the trial and therefore it should not have been allowed. 6. It was also contended that the Trial Court has failed to appreciate that by way of amendment the first respondent was trying to introduce a new case by amending the prayer and the said amendment should have been carried out within 3 years from the date of the knowledge of the sale transaction or impleading but amendment was carried after the limitation and as such amendment is not permissible. 7. It was further contended that the Trial Court has failed to consider that the amendment sought was for the - 20 - inclusion of facts that had taken place between the family of the first defendant and all those factual aspects were well within the knowledge of the first Respondent but the amendment sought was after nearly 7 years and facts causing delay was not explained. 8. It was also contended that the trial court has held that if the amendment is permitted to be carried out it would become a comprehensive but failed to appreciate that the cause of action for the suit gets changed and thereby the provisions of Order-6 Rule 17 of the CPC gets obviated and therefore the impugned order is liable to be set aside. 9. It can be seen from the impugned order that the Trial Court has given a finding that the proposed amendment relates to elaboration of facts pertaining to non-execution of sale deed by defendant no.1 inspite of having obtained the decree for partition and further found that the amendment intends to bring on record the additional cause of action. - 21 - 10. It can be further seen from the impugned order that the Trial Court, by observing that the present suit is for specific performance and it is necessary to determine whether defendant no.1 executed agreement of sale in favour of the plaintiff and whether plaintiff is entitled for the relief of specific performance, expressed its view that proposed amendment is required to be allowed so as to determine the real question in controversy. 11. Further, the Trial Court has considered the decisions placed before it and held that the facts of the present case and the facts of the cases relied upon are different and therefore not applicable to present case. 12. The Trial Court has given its view clearly that the proposed amendment does not intend to bring new case and amendment makes the suit comprehensive and further expressed that even if proposed amendment is allowed, the nature of the suit will remain unharmed. The Trial Court has also observed that if amendment is not allowed to be carried out inconvenience would be caused and if its allowed, the defendants too will have the - 22 - opportunity to contest the matter and get the same decided on merits. 13. On hearing the submissions of the learned counsels for both the parties, on perusal of the material placed on record and on perusal of the impugned Order dated 01.09.2021 on I.A. No.25 under Order VI Rule 17 read with section 151 of CPC in O.S. No.356/2014 on the file of Additional Senior Civil Judge and JMFC at Magadi, it appears that the trial Court has passed well reasoned Order and no need to intervene in the impugned Order. 14. The writ petitioner fails to substantiate his contentions and there is no perversity or erroneousness in the Order passed by the trial Court. Accordingly, the writ petition is dismissed. Sd/- (DR.K.MANMADHA RAO) JUDGE BNV