- 1 - HC-KAR NC: 2025:KHC-D:16080 WP No. 106121 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. 106121 OF 2025 (GM-CPC) BETWEEN: 1. SRI. YALLAPPA S/O NINGAPPA GUJJANAVAR, AGE. 75 YEARS, OCC. AGRICULTURE, R/O. TEGUR VILLAGE, TQ. AND DIST. DHARWAD-580 011. 2. SMT. SIDDAVVA D/O YALLAPPA GUJJANAVAR, AGE. 49 YEARS, OCC. HOUSEHOLD, R/O. TEGUR VILLAGE, TQ. AND DIST. DHARWAD-580 011. 3. SRI. ANAND S/O YALLAPPA GUJJANAVAR, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. TEGUR VILLAGE, TQ. AND DIST. DHARWAD-580 011. 4. SRI. KAREPPA S/O YALLAPPA GUJJANAVAR, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. TEGUR VILLAGE, TQ. AND DIST. DHARWAD-580 011. 5. SRI. IRAPPA S/O YALLAPPA GUJJANAVAR, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. TEGUR VILLAGE, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:29 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16080 WP No. 106121 of 2025 TQ. AND DIST. DHARWAD-580 011. 6. SRI. SHIVAPPA S/O YALLAPPA GUJJANAVAR, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. TEGUR VILLAGE, TQ. AND DIST. DHARWAD-580 011. … PETITIONERS (BY SRI. P.R. BENTUR, ADVOCATE) AND: SMT. PARAVVA W/O HANUMANTAPPA AMMINABHAVI, (BEFORE MARRIAGE, PARAVVA D/O NINGAPPA GUJJANAVAR), AGE. 79 YEARS, OCC. AGRICULTURE, R/O. H.NO.113, JANATA PLOT ONI, TEGUR ONI, HOSA TEGUR VILLAGE, TQ. AND DIST. DHARWAD-580 011. … RESPONDENT (BY SRI. R.H. ANGADI, ADVOCATE FOR SOLE RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 14-08-2025 PASSED BY THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD, ON I.A. NO.17 FILED UNDER ORDER VI RULE 17 CPC IN O.S. NO.149/2019 (VIDE ANNEXURE-F), AND CONSEQUENTLY TO ALLOW THE SAID APPLICATION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16080 WP No. 106121 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Article 227 of the Constitution of India assailing the order dated 14.08.2025 passed on I.A.No.XVII filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 19081, in O.S.No.149/2019 on the file of III Additional Senior Civil Judge, Dharwad2. 2. The Trial Court rejected the petitioners’ application seeking amendment of the written statement. The plaintiff objected to the amendment on the premise that the suit had initially been decreed, and later the appeal was allowed, the matter was remanded to the Trial Court only to enable the defendants to cross-examine the witnesses and for no other purpose. 3. Learned counsel for the plaintiff/respondent submits that the application has been filed only to delay the hearing of the suit. It is his further submission that the matter was remanded by noticing the contention that the defendants have 1 For short, ‘Code’ 2 For short, ‘Trial Court’ - 4 - HC-KAR NC: 2025:KHC-D:16080 WP No. 106121 of 2025 raised the very contention, which is now being sought to be raised through the proposed amendment. 4. The Court is of the view that the amendment sought is not likely to cause such prejudice to the plaintiff. The amendment refers to certain facts which, according to the petitioners, are necessary for the adjudication of the case on hand. Even if the proposed amendment is allowed, the petitioners/defendants will still be required to establish those facts by adducing the evidence. The plaintiff will have an opportunity to file a rejoinder to the written statement. 5. Under these circumstances, ignoring the technicality to advance the cause of justice, the application for amendment is allowed by setting aside the impugned order. The defendants/petitioners shall pay cost of ₹25,000/- to the plaintiff. It is further made clear that no further amendment shall be permitted in favour of the defendants. 6. Hence, the following: - 5 - HC-KAR NC: 2025:KHC-D:16080 WP No. 106121 of 2025 ORDER a) The writ petition is allowed. b) The order dated 14.08.2025 passed on I.A.No.17 filed under Order VI Rule 17 of the Code of Civil Procedure, 1908, in O.S.No.149/2019 on the file of III Additional Senior Civil Judge, Dharwad, is set aside. c) The defendants/petitioners shall pay cost of ₹25,000/- to the plaintiff on the next date of hearing. d) The Court has not expressed anything on the merits of the proposed amendment. e) All contentions of the parties are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 72