- 1 - NC: 2025:KHC:8395 WP No. 21717 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 21717 OF 2024 (GM-CPC) BETWEEN: PALAKSHAPPA S/O SHIVAPPA AGED ABOUT 44 YEARS R/O HALEGODDANAKOPPA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT 577427 …PETITIONER (BY SRI. K SREEDHAR.,ADVOCATE) AND: 1. GANESHAPPA GOWDA S/O VEERABHADRAPPA GOWDA AGED ABOUT 65 YEARS 2. DEVARAJU S/O SIDDANA GOWDA AGED ABOUT 66 YEARS BOTH ARE R/O HALEGODDANAKOPPA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577427 …RESPONDENTS (BY SRI. RAJENDRA M S.,ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.4.2024 ON IA NO.18 IN OS NO. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8395 WP No. 21717 of 2024 108/2014 ON THE FILE OF LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC, SHIKARIPURA VIDE ANNEXURE-E AS THE SAME IS ILLEGAL AND UNSUSTAINABLE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 16.04.2024 passed by the II Additional Senior Civil Judge and JMFC, Shikaripura on IA No.18 filed in O.S.No.108/2024, for amendment of the plaint, whereby the same has been rejected by the trial court. 2. The plaintiff filed a suit for injunction. On service of summons, defendants filed the written statement on 18.02.2015 denying the title and possession of the plaintiff. After a lapse of ten years, an application has been filed under Order VI Rule 17 of CPC for amendment of the plaint, seeking conversion of injunction suit into a suit for declaration. There is no reason forthcoming for the delay of ten years to file such an application. The trial - 3 - NC: 2025:KHC:8395 WP No. 21717 of 2024 court has dismissed the application on the ground that no sufficient ground is made out for delay in filing the present application. 3. There is no error or illegality in the order passed by the trial court. Accordingly, writ petition is dismissed. 4. In view of disposal of the main petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 43