- 1 - HC-KAR NC: 2025:KHC-D:15433 WP No. 106845 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106845 OF 2025 (GM-CPC) BETWEEN: RAVI BHARAMAPPA DADDI, 44 YEARS, R/O. HATTARAGI, ANANDPUR VILLAGE, HUKKERI TALUK, BELAGAVI DISTRICT, PIN-591 243. … PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. SHARADA RAJENDRA HANABARATTI, 60 YEARS, HOUSE NO.2468, MEERAPUR GALLI, SHAHPUR, BELAGAVI DISTRICT, PIN-590 003. 2. IRANNA BHIMAPPA JARALI, 68 YEARS, BHARAT NAGAR, 3RD CROSS, SHAHPUR, BELAGAVI DISTRICT, PIN-590 003. … RESPONDENTS (BY SRI. RAVI S. BALIKAI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 09-07-2025 ON IA- 29 PASSED BY THE COURT OF THE PRL. CIVIL JUDGE AND JMFC AT SANKESHWAR IN OS NO.55 OF 2015 AS PER ANNEXURE-F, AND ALLOW IA-29. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15433 WP No. 106845 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 09.07.2025, rejecting the petitioner's application to file counter claim. 2. The suit is filed in the year 2015. The contesting respondent No.1 has filed a suit for declaration of title based on the registered sale deed dated 30.01.1997. The defendant No.1/petitioner who claims to have purchased the property in the year 2011 seeks to incorporate a plea by way of a counter claim stating that the sale deed in favour of the plaintiff is null and void. 3. The Court has noticed the issue framed by the trial Court. Issue No.1 is framed casting burden on the plaintiff to establish his claim relating to the title over the property based on the sale deed dated 30.01.1997; issue No.4 is framed casting burden on defendant No.2 to establish his claim over the property based on sale deed of the year 2011. 4. Under these circumstances, this Court is of the view that the amendment sought by the defendant No.2 is - 3 - HC-KAR NC: 2025:KHC-D:15433 WP No. 106845 of 2025 superfluous. In addition to that, it is also noticed that the counter claim by way of amendment is sought in the year 2025. 5. No ground is made out to allow the counter claim at such a belated stage. Since the issues referred to above resolve the controversy completely, the petition is dismissed. 6. The parties shall co-operate for early disposal of the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 13