- 1 - HC-KAR NC: 2025:KHC-D:14914 WP No. 103605 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103605 OF 2025 (GM-CPC) BETWEEN: MANJUNATH S/O SHIVANAGOUDA SHANAWAD, AGE. 29 YEARS, OCC. AGRICULTURE, R/O. ARAHATTI, TQ. NAVALGUND, DIST. DHARWAD-582 208. … PETITIONER (BY SRI. SANTOSH BIRANAGI, ADVOCATE) AND: 1. BASANAGOUDA S/O PARVATAGOUDA SHANAWAD, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. ARAHATTI, TQ. NAVALGUND, DIST. DHARWAD-582 208. 2. SUJATA W/O BASANAGOUDA SHANAWAD, AGE: 35 YEARS, OCC. AGRICULTURE, R/O. ARAHATTI, TQ. NAVALGUND, DIST. DHARWAD-582 208. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 15.03.2025 PASSED IN O.S. NO.133/2018 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14914 WP No. 103605 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner, assailing the order dated 15.03.2025 passed in O.S.No.133/2018 on the file of Civil Judge, Navalgund. 2. The case was listed for further evidence by framing an additional issue on limitation after the arguments had already been addressed on the merits of the matter and the case was posted for judgment. 3. Learned counsel for the petitioner/plaintiff would submit that neither the plaintiff nor the defendants requested the Court to list the matter for evidence by framing an issue, as such the order has to be set aside. 4. This Court does not agree with the contention. Order XIV Rule 5 of the Code of Civil Procedure, 1908, enables the Court to frame additional issues before passing a decree. Apart from that, Section 3 of the Limitation Act, 1963, mandates the - 3 - HC-KAR NC: 2025:KHC-D:14914 WP No. 103605 of 2025 Court to decide the question of limitation even though the defendant has not raised such contention in the case. 5. This Court does not find any error in the procedure adopted by the Trial Court. Same is in accordance with law. 6. With these observations, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 45