- 1 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 102285 OF 2022 (GM-CPC) BETWEEN: SRI. APPA SATYAPPA BIRANALE, SINCE DECEASED BY HIS LRS. 1. SRI. YASHAWANT APPA BIRNALE, AGE: 61 YEARS, OCC: AGRIL. R/O. MANGUR, TQ. NIPANI, (OLD TQ. CHIKODI), DIST. BELAGAVI. SRI. RAMACHANDRA APPA BIRNALE, SINCE DECEASED BY HIS LRS. 2. SMT. KAMAL RAMACHANDRA BIRNALE, AGE: 45 YRS, OCC: AGRIL., R/O. MANGUR, TQ: NIPANI, (OLD TQ: CHIKODI), DIST: BELAGAVI. 3. BABASAHEB RAMACHANDRA BIRNALE, AGE: 47 YRS OCC: AGRIL., R/O. MANGUR, TQ: NIPANI, (OLD TQ: CHIKODI), DIST: BELAGAVI. 4. ANIL RAMACHANDRA BIRNALE, AGE: 66 YRS OCC: AGRIL., R/O. MANGUR, TQ: NIPANI, (OLD TQ: CHIKODI), DIST: BELAGAVI. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 5. TATOBA APPA BIRNALE, AGE: 58 YRS OCC: AGRIL., R/O. MANGUR, TQ: NIPANI, (OLD TQ: CHIKODI), DIST: BELAGAVI. …PETITIONER (BY SMT. SONU SUHEL, ADV. FOR SRI. SHARAD V. MAGADUM, ADVOCATE) AND: SRI MARUTI BALU BIRNALE, SINCE DECEASED BY HIS LRS. 1. SHEVANTA MARUTI BIRNALE, AGE: 78 YRS, OCC: AGRIL., R/O. MANGUR-591215, TQ: NIPANI, (OLD TQ- CHIKODI) DIST: BELAGAVI. 2. BALU MARUTI BIRNALE, AGE: 60 YRS, OCC: AGRIL., R/O. MANGUR-591215, TQ: NIPANI (OLD TQ- CHIKODI) DIST: BELAGAVI. 3. SUNITA GANAPATI KOLI, AGE: 48 YRS, OCC: AGRIL., R/O. MANGUR-591215, TQ: NIPANI (OLD TQ- CHIKODI) DIST: BELAGAVI. 4. CHABBUTAI SHIVAJI KOLI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. MANGUR, TQ: CHIKODI, DIST: BELAGAVI-591215. 5. CHANDRAKANT BALU BIRNALE, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. MANGUR, TQ: CHIKODI, DIST: BELAGAVI-591215. - 3 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 SHRI. BAPU DATTU BIRNALE, SINCE DEAD BY L.RS. 6. SMT. HOUSABAI W/O. BAPU BIRNALE, AGE: 80 YEARS, OCC: HOUSEHOLD WORK, R/O. MANGUR, TQ: CHIKODI, DIST: BELAGAVI-591215. 7. SMT. MALUBAI VISHNU BIRNALE, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. MANGUR, TQ: CHIKODI, DIST: BELAGAVI-591215. 8. SRI. AMOL VISHNU BIRNALE, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. MANGUR, TQ: CHIKODI, DIST: BELAGAVI-591215. 9. ARCHANA PRADEEP KOLI, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O. PATTANKADOLI, TQ: HATAKANAGALA, DIST: KOLHAPUR-416202. 10. APARANA SAMBHAJI KOLI, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O. VASAGADA, TQ: KARVEER, DIST: KOLHAPUR-416202. 11. SRI. BABU DATTU BIRNALE, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. MANGUR, TQ: CHIKODI, DIST: BELAGAVI-591215. 12. SRI. ANNAPPA APPA NEJE, AGE 63 YEARS, OCC: AGRICULTURE, R/O. MANGUR, TQ:CHIKODI, DIST: BELAGAVI-591215. 13. SMT. SHAALAN KALLAPPA KOLI, AGE: 67 YEARS, OCC: AGRICULTURE, - 4 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 R/O. SULKOD, TQ: CHIKODI, DIST BELAGAVI-591216. 14. SMT. MALUBAI DADABA KOLI, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. BALAJI NAGAR, SHAHAPUR, ICHALKARANJI, DIST: KOLHAPUR-416115. 15. SMT. RAJABAI ANANADA KOLI, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. RAM NAGAR, SHAHAPUR, ICHALKARANJI, DIST: KOLHAPUR-416115. 16. SMT. IJABAI ANNAPPA KOLI, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. AKKOL, TQ: CHIKODI, DIST: BELAGAVI-591211. 17. PINTU ANNAPPA KOLI, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. YALAGUD, TQ: HATKANAGAL, DIST: KOLHAPUR-416203. 18. RAGHU ANNAPPA KOLI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. YALAGUD, TQ: HATKANAGAL, DIST: KOLHAPUR-416203. 19. SMT. MALUTAI SADASHIV KOLI, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. BHOJ, TQ: CHIKODI DIST: BELAGAVI-591263. 20. SMT. JAYSHRI ANNAPPA KOLI, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O. RUKDI, TQ: HATAKANAGAL, DIST: KOLHAPUR-416118. 21. SRI. POPAT DATTU TARALE, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. MANGUR, TQ: CHIKODI, - 5 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 DIST: BELAGAVI-591215. 22. SRI. ASHOK DATTU TARALE, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. MANGUR, TQ: CHIKODI, DIST: BELAGAVI-591215. 23. SOU. SAKUBAI W/O. BALASAHEB KOLI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. SANGAVADI, TQ: KARVEER, DIST: KOLHAPUR-416202. 24. SOU. RAJUTAI W/O. JINNAPPA KOLI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. ALAS, TQ: SHIROL, DIST: KOLHAPUR-416102. 25. SRI. JYOTIRAM APPA BIRNALE, AGE: 36 YEARS , OCC: AGRI & SERVICE, R/O. ICHALAKARANJI-416115, (MAHARASHTRA STATE). RESPONDENTS (BY SRI. RAMESH I. ZIRALI, ADV. FOR R1 TO R22; SRI. S. B. PATIL, ADV. FOR R23 AND R24; NOTICE TO R25 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 19/4/2022 PASSED ON IA NO.43 BY THE PRL. SENIOR CIVIL JUDGE CHIKODI IN OS NO.176/2003 VIDE ANNEXURE H. - 6 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed seeking following reliefs: i) Issue writ in the nature of certiorari and quash the impugned order dated 19/4/2022 passed on IA No.43 by the Prl. Senior Civil Judge Chikodi in OS No.176/2003 vide annexure H. ii) Issue any other writ or direction as deem fit by this Hon’ble Court in the interest of justice and equity. 2. Learned counsel Miss. Sonu Suhel appearing for Sri. Sharad V. Magadum appearing for the petitioners submits that the respondent filed a suit for partition and separate possession, which came to be dismissed. Thereafter, appeal filed by the respondents was allowed by directing them to include three house properties and agricultural land in Survey No.43 in the suit. It is submitted that after restoring the suit, application for amendment was filed, which came to be allowed in the interim order erroneously by the trial Court without appreciating - 7 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 that the appellate Court has directed the plaintiffs to add Survey No.43 standing in the name of plaintiff No.1 –Maruti Balu Birnale in the suit. However, conveniently the agricultural land bearing Survey No.43/4 measuring 3 acres 34 guntas has been added in the plaint as a suit schedule property, remaining other extent in the Survey No.43 are excluded, which is impermissible. Hence, he seeks to allow the petition by directing the respondents/plaintiffs to add the total extent in Survey No.43 in the suit schedule property. 3. Per contra, Sri. Ramesh I. Zirli, learned counsel appearing for respondent Nos.1 to 22 submits that the proposed amendment is a formal application filed pursuant to the direction of the appellate Court which has been rightly allowed by the trial Court. It is submitted that the question of including the entire Survey number in 43 would not arise as the plaintiff No.1 has been granted 3 acres 34 guntas in Survey No.43/4 which has been added in the plaint as directed by the appellate Court. Hence, he seeks to dismiss the writ petition. 4. I have heard the arguments of learned counsel for the petitioners, learned counsel for the respondents and - 8 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 meticulously perused the materials available on record. I have given my anxious consideration to the submissions advanced. 5. Sri. Maruti Balu Birnale and others filed O.S.No.176/2003 for a relief of partition and separate possession. The said suit came to be dismissed vide judgment and decree dated 07.10.2005. Being aggrieved, the plaintiffs have filed regular appeal in R.A No.84/2005. The Fast Track Court-I Chikodi vide judgment dated 30.03.2013 passed the following order: “ORDER The appeal filed by the appellants U/o 41 rule 1 of CPC, IA No.4 U/o 41 rule 27 of CPC to produce document, IA No.5 U/o 41 rule 27 of CPC to permit them to adduce additional evidence and IA No.6 U/o 6 rule 17 R/W/Sec.151 of CPC to amend the plaint, are hereby allowed with costs of Rs.3,000/-. The judgment and decree passed in OS No.176/2003, dated 7-10-2005 on the file of Civil Judge (Sr.Dn.), Chikodi is hereby set aside. Further trial court is directed to restore the suit on its original file and permitted to amend the plaint as per IA No.5 U/o 6 Rule 17 of CPC. - 9 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 Further plaintiffs are directed to include the house property VPC No.274, 275, 276 of Mangur village with valuation and also RS No.43 standing in the name of plaintiff No.1 Maruti. After amendment, the defendants have liberty to file their additional written statement within a month. Thereafter the trial court is directed to frame additional issues, if necessary, then provide opportunity to adduce further evidence to plaintiffs and defendants and shall disposed off the suit in accordance with law within six months from 27-5- 2013. Further plaintiffs shall pay the cost of Rs.3,000/- to contesting defendants No.1(a) to 1(c)/respondent No.1 to 3, on or before 27-5-2013. Parties are directed to appear before the trial court on 27-5-2013 without waiting for further notices from trial court.” 6. After remand, the plaintiffs filed an application for amendment of the plaint, which came to be allowed under the impugned order. The appellate Court in R.A No.84/2005 has directed the plaintiffs to include house property VPC No. 274, 275, 276 of Mangur village with a valuation and also R.S No.43 - 10 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 standing in the name of plaintiff No.1- Maruti. Pursuant to the said direction, application for amendment was filed by the plaintiffs, which came to be allowed. The primary contention of the petitioners is that the respondents have not included Survey No.43 in its entirety, but it has included Survey No.43/4 measuring 3 acres 34 guntas only. In my considered view, the said contention has no merit, as I have perused Form No.10 and the RTC of Survey Nos.43/1, 43/2, 43/3 and 43/4. The aforesaid records indicate that the deceased-Maruti Balu Birnale was granted land measuring 3 acres 34 guntas in Survey No.43/4 by the land Tribunal and non-inclusion of other Survey numbers in 43 by the respondents is correct as those properties are standing in the name of different persons. Learned counsel for respondents is right in his submission that the defendants in the suit, got marked Ex.D12-the records of rights in respect of Survey No.44/4 of Mangur village which further demonstrate that the plaintiff No.1-deceased-Maruti was granted land measuring 3 acres 34 guntas in Survey No.43/4. Taking note of the aforesaid submissions and document available on record, I am of the considered view that the trial Court was fully justified in allowing the application for amendment filed by the plaintiffs. I do not - 11 - HC-KAR NC: 2025:KHC-D:11974 WP No. 102285 of 2022 find any error or perversity in the finding recorded by the trial Court in the impugned order calling for interference in the present petition. The present petition being devoid of merit, the same is rejected. Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 11