- 1 - NC: 2025:KHC-D:4655 WP No. 103397 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 103397 OF 2023 (GM-CPC) BETWEEN: 1. SHRI. IRAPPA S/O SANNAPPA BADASAD @ BADASKAR, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: 42/A, KADATAN BAGEWADI, TALUKA: KHANAPUR AND DIST: BELAGAVI, PIN CODE-591 112. 2. SHRI. PRAKASH S/O SANNAPPA BADASAD @ BADASKAR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: 42/A, KADATAN BAGEWADI, TALUKA: KHANAPUR AND DIST: BELAGAVI, PIN CODE-591 112. 3. SHRI. VISHWANATH S/O SANNAPPA BADASAD @ BADASKAR AGE: 34 YEARS, OCC: AGRICULTURE, R/O: 42/A, KADATAN BAGEWADI, TALUKA: KHANAPUR AND DIST: BELAGAVI, PIN CODE-591 112. 4. SHRI. RAYAPPA S/O SANNAPPA BADASAD @ BADASKAR, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: 42/A, KADATAN BAGEWADI, TALUKA: KHANAPUR AND DIST: BELAGAVI, PIN CODE-591 112. 5. SMT. RUDRAWWA W/O SANNAPPA BADASAD @ BADASKAR, AGE: 56 YEARS, OCC: AGRICULTURE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4655 WP No. 103397 of 2023 R/O: 42/A, KADATAN BAGEWADI, TALUKA: KHANAPUR AND DIST: BELAGAVI, PIN CODE-591 112. … PETITIONERS (BY SRI. DEEPAK S. KULKARNI, ADVOCATE) AND: 1. SHRI. RAYAPPA SANNAPPA BADASAD @ BADASKAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: K.K.KOPP, TALUKA AND DIST: BELAGAVI, PIN CODE-591 110. 2. SHRI. BASAPPA SANNAPPA BADASAD @ BADASKAR, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: K.K.KOPP, TALUKA AND DIST: BELAGAVI, PIN CODE-591 110. 3. SMT. GANGAVVA SANNAPA BADASAD @ BADASKAR, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: K.K.KOPP, TALUKA AND DIST: BELAGAVI, PIN CODE-591 110. … RESPONDENTS (BY SRI. SRINIVAS K. NADUMANI, ADVOCATE FOR SRI. KIRAN ANGADI, ADVOCATE FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - NC: 2025:KHC-D:4655 WP No. 103397 of 2023 ORAL ORDER Sri.Deepak S.Kulkarni., counsel for the petitioners and Sri.Srinivas K.Nadumani., counsel on behalf of Sri.Kiran Angadi., for respondents 1 to 3 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 23.05.2023 passed by the Senior Civil Judge & JMFC., Khanapur I.A. No.5 in O.S. No.14/2020. 3. For convenience, the parties are referred to as per their status and rankings before the Trial Court. 4. The plaintiff filed suit for partition, separate possession and permanent injunction on the file of the Senior Civil Judge, Khanapur in O.S. No.14/2020. Defendants 3 to 7 filed the written statement on 12.03.2021. The Trial Court framed the issues on 15.04.2021. As the matter stood thus, defendants 3 to 7 moved an application to amend the written statement. The objections were filed. The Trial Court vide order dated 23.05.2023 rejected the application. Under these circumstances, the petitioners are before this Court. - 4 - NC: 2025:KHC-D:4655 WP No. 103397 of 2023 5. Counsel for the respective parties urged several contentions. 6. Sri.Deepak S.Kulkarni., counsel in presenting his arguments vehemently contended that due to inadvertence/ oversight, certain important points were not mentioned in the written statement. Hence, defendants 3 to 7 were constrained to seek an appropriate amendment to the written statement. He vehemently contended that the Trial Court erroneously rejected the application. Counsel, therefore, submits that the writ petition may be allowed. 7. By way of answer to this contention, Sri.Srinivas K.Nadumani., counsel justified the order passed by the Trial court. He submits that the petition is devoid of merits and the same may be rejected. 8. Heard the arguments and perused the Writ papers with care. 9. The suit is one for partition, separate possession and permanent injunction. The true copy of the written statement is furnished along with the writ petition and the same is marked as Annexure-C. A careful perusal of the same - 5 - NC: 2025:KHC-D:4655 WP No. 103397 of 2023 reflects that defendants 3 to 7 have put forth their statements by filing a detailed written statement. In paragraph No.7 they specifically stated that after the death of propositus - Sannappa Rayappa Badasad, their names came to be mutated in the RTC bearing R.S.No.60 and they are the successors in title. In my view, the statements made in the written statement would suffice to adjudicate the lis between the parties. The Trial Court extenso referred to the material on record and the contentions urged on behalf of the respective parties rightly rejected the application. I find no grounds to interfere with the order passed by the Trial Court. The writ petition is devoid of merits. Accordingly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 2 SL NO.: 39