- 1 - HC-KAR NC: 2025:KHC-D:17763 WP No. 100923 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100923 OF 2022 (GM-CPC) BETWEEN: RAJESH S/O NATHAJIRAO HALAGEKAR, AGE. 55 YEARS, OCC. TRADE, R/O. PLOT NO.26, PADMANATH NIWAS, BUDA SCHEME NO.51, LAXMI TEK, BELAGAVI, DIST. BELAGAVI-590 001. … PETITIONER (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. 2. 3. 4. SMT. BEGUMBI W/O KASIMSAB NADAF, AGE: MAJOR, OCC: HOUSEHOLD, R/O: OPP. BUS STAND, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI-590 001. SMT. ARIFA W/O ABUBAKAR NADAF, AGE: MAJOR, OCC: HOUSEHOLD, R/O: OPP. BUS STAND, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI-590 001. MUSHTAQ AHMED S/O KASIMSAB NADAF, AGE: MAJOR, OCC: PVT. SERVICE, R/O: OPP. BUS STAND, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI-590 001. MEHABOOB S/O KASIMSAB NADAF, AGE: MAJOR, OCC: PVT. SERVICE, R/O: OPP. BUS STAND, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI-590 001. (DELETED AS PER ORDER DATED 31.05.2022) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.11 15:01:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17763 WP No. 100923 of 2022 5. 6. 7. 8. 9. 10. 11. 12. SMT. ATIYA KAUSAR W/O IBRAHIM NAGNOOR, AGE: MAJOR, OCC: HOUSEHOLD, R/O: OPP. BUS STAND, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI-590 001. (DELETED AS PER ORDER DATED 31.05.2022) JAVEDALI S/O KASIMSAB NADAF, AGE: MAJOR, OCC: PVT. SERVICE, R/O: OPP. BUS STAND, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI-590 001. MUKHTAR S/O KASIMSAB NADAF, AGE: MAJOR, OCC: PVT. SERVICE, R/O: OPP. BUSSTAND, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI-590 001. MOHINALI S/O KASIMSAB NADAF, AGE: MAJOR, OCC: PVT. SERVICE, R/O: OPP. BUS STAND, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI-590 001. DR. BALASAHEB S/O GURUANNA HALGEKAR, AGE: 70 YEARS, OCC: MEDICAL PRACTITIONER, R/O: PLOT NO.26, BLOCK NO.1, RUKMINI PALACE, HINDWADI, BELAGAVI-590 001, DIST: BELAGAVI. ANANT S/O GURUANNA HALGEKAR, AGE: MAJOR, OCC: BUSINESS, R/O: PLOT NO. 26, BLOCK NO.4, RUKMINI PALACE, HINDWADI, BELAGAVI, DIST: BELAGAVI-590 001. GANESH S/O SHANKARRAO HALGEKAR, AGE: 53 YEARS, OCC: BUSINESS, R/O: PLOT NO. 26, BLOCK NO.5, RUKMINI PALACE, HINDWADI, BELAGAVI, DIST: BELAGAVI-590 001. PRAKASH @ SUDHIR S/O GURUANNA HALGEKAR, AGE: 70 YEARS, OCC: BUSINESS, R/O: PLOT NO.26, BLOCK NO.2, RUKMINI PALACE, HINDWADI, BELAGAVI, DIST: BELAGAVI-590 001. - 3 - HC-KAR NC: 2025:KHC-D:17763 WP No. 100923 of 2022 13. 14. 15. 16. SMT. SANYOGITA W/O PRAKASH @ SUDHIR HALGEKAR, AGE: 66 YEARS, OCC: BUSINESS, R/O: PLOT NO. 26, BLOCK NO.2, RUKMINI PALACE, HINDWADI, BELAGAVI, DIST: BELAGAVI-590 001. SMT. PADMAJADEVI W/O NATHAJIRAO HALGEKAR, AGE: 85 YEARS, OCC: HOUSEHOLD, R/O: NO. 2432, KAMAT GALLI, BELAGAVI, DIST: BELAGAVI-590 001. SMT. SATWASHEELA W/O CHAITANYA SHIROLE, AGE: 63 YEARS, OCC: HOUSEHOLD, R/O: NO. 2432, KAMAT GALLI, BELAGAVI, DIST: BELAGAVI-590 001. SMT. RAJASHREE W/O NAGARAJ YADAV, AGE: 61 YEARS, OCC: HOUSEHOLD, R/O: NO. 2432, KAMAT GALLI, BELAGAVI, DIST: BELAGAVI-590 001. … RESPONDENTS (BY SRI. PRASHANT F. GOUDAR AND SMT. SHEETAL V. KILLEKAR, ADVOCATES FOR R2, R3, R6 TO R8; SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R9, R10, R12 AND R13; R1, R4 AND R5 ARE DELETED V/O/DATED 31.05.2022; NOTICE TO R11, R14 TO R16 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER ANNEXURE-D ON I.A. NO.8 IN O.S. NO.1106/2008 DATED 15.12.2021 PENDING BEFORE THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., BELAGAVI AS NULL AND VOID AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17763 WP No. 100923 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 15.12.2021 passed on I.A.No.VIII in O.S.No.1106/2008 on the file of III Additional Civil Judge, Belagavi1. 2. The Trial Court rejected I.A.No.VIII filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, by the plaintiff, seeking amendment of the plaint, on the ground that the plaintiff could not seek a relief of mandatory injunction by way of amendment. 3. The Court is not convinced with the reasons assigned by the Trial Court. The plaintiff/petitioner seeks to incorporate the subsequent developments that have taken place during the pendency of the proceeding. 4. It is the contention of the plaintiff/petitioner that some portion of the property is encroached and structure is illegally put up during the pendency of the suit. 1 For short, ‘Trial Court’ - 5 - HC-KAR NC: 2025:KHC-D:17763 WP No. 100923 of 2022 5. Under these circumstances, the order rejecting the application seeking amendment is erroneous. Hence, the order passed by the Trial Court has to be set aside. 6. Though the learned counsel appearing for the respondents would vehemently opposes the application on the premise that it would change the nature of the suit and dilute the defence taken by the defendants, the Court is of the view that the defendants are entitled to file an additional written statement on the proposed amendment. The contention raised in the proposed amendment has to be proved by the plaintiff, and no prejudice would be caused to the defendants. 7. Hence, the following: ORDER a) The petition is allowed. b) The order dated 15.12.2021 passed on I.A.No.VIII in O.S.No.1106/2008 on the file of III Additional Civil Judge, Belagavi, is set aside. - 6 - HC-KAR NC: 2025:KHC-D:17763 WP No. 100923 of 2022 c) The application at I.A.No.VIII filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, is allowed. d) The plaintiff is permitted to amend the plaint. e) The defendants are at liberty to file additional written statement to the amended plaint. f) It is made clear that the Court has not expressed anything on the merits of the averments made in the application for proposed amendment. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 9