- 1 - HC-KAR NC: 2025:KHC-D:17070 WP No. 104190 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104190 OF 2025 (GM-CPC) BETWEEN: 1. 2. 3. 4. SAGAR VISHWAS KAMAT, AGE. 46 YEARS, OCC. SERVICE, R/O. 403, YUGAL DRASHILA, SOPAN BAG BALEWADI, PUNE-411 045. SUNAINA W/O SUSHANT KAMAT, AGE: 48 YEARS, OCC: HOUSE WIFE, SHRI. SMITAL S/O SUSHANT KAMAT, AGE. 21 YEARS, OCC: STUDENT, SHRI. SAMRUDH S/O SUSHANT KAMAT, AGE: 19 YEARS, OCC: STUDENT, ALL ARE R/O: MOTIBAG INDUSTRIES, BAILHONGAL, BELAGAVI-591 102. (SINCE MINOR R/BY GUARDIAN PETITIONER NO.2 SUNAINA W/O SUSHANT KAMAT) … PETITIONERS (BY SRI. SHREEVATSA HEGDE, ADVOCATE) AND: 1. 2. SMT. SUCHETA @ GEETA W/O ARVIND SHIRODKAR, AGE: 73 YEARS, OCC: HOUSEHOLD WORK, R/O: VENGURLA, DIST. SINDHDURG, MAHARASHTRA, NOW AT BAILHONGAL. SMT. LALITA @ ASHA W/O DILIP NAIK, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17070 WP No. 104190 of 2025 3. 4. 5. 6. 7. 8. AGE: 67 YEARS, OCC: HOUSEHOLD WORK, R/O: FLAT NO.302, B-BLOCK, KRISHH NEST, MANGALWAR PETH, TILAKWADI, BELAGAVI-590 006. SMT. SHILPA SACHIN VENGURLEKAR, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O: SAKRUL, NEAR NEW KAPAD MARKET, BESIDE RAJASTHAN BANK, ICHALKARANJI, DIST: KOLHAPUR-416 115. SMT. ANITA BAHADUR, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O: PLOT NO.20, 10TH CROSS, SILVER SPOON, BHAGYA NAGAR, BELAGAVI-590 006. SMT. ROOPA ATUL BANDEKAR, AGE: 76 YEARS, OCC: HOUSEHOLD WORK, R/O: PREMAVATI NIVAS, NEAR ELECTRICITY DEPARTMENT, ANSABHAT BARDEZ, MAHAPUSA, GOA-403 507. SMT. SMITA SUBHOD DALAVI, AGE. 59 YEARS, OCC: HOUSEHOLD WORK, R/O: SHRI KRUPA APARTMENT, PLOT NO.5, NAVAMAHARASHTRA HOUSING COLONY, TAWARE COLONY, PUNE-411 009. SMT. NEHA KAMALAKAR SAMANT, AGE: 58 YEARS OCC: SERVICE, R/O: CCB NO.23, SANARTH NAGAR, DIAMOND HEALTH CENTRE, ADARSH NAGAR, VADAGOAN ROAD, BELAGAVI-590 005. SMT. SAVITA S. KAMAT, AGE: 85 YEARS, OCC: HOUSEHOLD WORK, R/O: MOTIBAG INDUSTRIES, MAIN ROAD, BAILHONGAL-591 102. - 3 - HC-KAR NC: 2025:KHC-D:17070 WP No. 104190 of 2025 9. 10. 11. 12. 13. SMT. USHA SANJAY PAI, AGE: 58 YEARS OCC: HOUSEHOLD WORK, R/O: 106, UMA GANAPATHY APARTMENT, 8TH MAIN, 13TH CROSS, MALLESHWARAM, BANGALORE-560 003. SHRI. MILIND K. PAI, AGE: 55 YEARS, OCC: SERVICE, R/O: U BLOCK, 15, KONARK CAMPUS, VIMAN NAGAR, PUNE-411 014. SMT. PURVA SUDHIR KAMAT, AGE: 35 YEARS, OCC: SERVICE, R/O: C/O. PINAK R. INAMDAR, BUNGALOW NO. 24 KILLA, BELAGAVI-590 016. SMT. MANDAKINI KRISHNA PAI, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: 106, UMA GANAPATI APARTMENT, 8TH MAIN, 13TH CROSS, MALLESHWARM, BENGALURU-560 003. SHRI. RAHUL SANJAY PAI, AGE: MAJOR OCC: SERVICE, R/O: 106, UMA GANAPATI APARTMENT, 8TH MAIN, 13TH CROSS, MALLESHWARM, BENGALURU-560 003. … RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 11.03.2025 IN O.S. 89/2018 PASSED BY THE SR. CIVIL JUDGE BAILHONGAL AT: BAILHONGAL ON IA NO.15 VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17070 WP No. 104190 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 11.03.2025 passed on I.A.No.XV in O.S.No.89/2018 on the file of Senior Civil Judge, Bailhongal1. 2. The Trial Court allowed the said application filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, seeking amendment of plaint, wherein the plaintiffs sought to change the survey numbers on the premise that there was a typographical error in mentioning the same. 3. The defendants objected to the said amendment on the premise that it will change the very properties that are the subject matter of the suit, and that the amendment refers to properties, which have already been sold after their conversion for non-agricultural use. 4. This Court has considered the contentions raised at the Bar and perused the records. 1 For short, ‘Trial Court’ - 5 - HC-KAR NC: 2025:KHC-D:17070 WP No. 104190 of 2025 5. The suit is of the year 2018. The amendment application was filed in the year 2024 seeking to correct the survey numbers as Sy.No.243/1+2 instead of Sy.No.243/1/2, and Sy.No.243/1+2+3+4 instead of Sy.No.249/3B. The amendment is sought at the stage of cross-examination of the defendants. It is a well settled principle of law that even after the amendment to the Code of Civil Procedure, 1908, the power of the Court to permit amendment of pleadings in appropriate cases has not been taken away. 6. Though learned counsel appearing for the petitioners would contend that, in case the amendment is allowed and relates back to the date of the suit, then their defence that the suit is time barred would be taken away as defendants have sold the properties in 1993. 7. The Court is of the view that even if the amendment allowed by the Trial Court is affirmed by this Court, the right of the defendants to raise appropriate defences relating to alienation, limitation, conversion, ouster, or any other defence available to them under law is not taken away. - 6 - HC-KAR NC: 2025:KHC-D:17070 WP No. 104190 of 2025 8. The defendants are at liberty to take all such defences, and if they do so, the Trial Court shall consider them in accordance with law. 9. It is made clear that merely because the amendment is permitted, it does not mean that the Court has endorsed the claim of the respondents. 10. With these observations, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 51