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2025 DAILYLAW 62462 (KAR)

SMT. ANNAPURNABAI TAYAKKA v. SIDDALING S/O KESHAVARAO DESAI

WP/101682/2021 · 2025-11-12

Anant Ramanath Hegde

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15435 WP No. 101682 of 2021 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. 101682 OF 2021 (GM-CPC) BETWEEN: 1. SMT. ANNAPURNABAI @ TAYAKKA W/O SIDDALING DESAI, AGED 67 YEARS, OCC. HOUSEHOLD WORK, R/O. MAMMIGATTI, TQ. AND DIST. DHARWAD-580 011. 2. KAMALA D/O SIDDALING DESAI, AFTER MARRIAGE CALLED AND KNOWN BY NAME SMT. SHAILA W/O RAVI UDAKERI, AGED 40 YEARS, OCC. HOUSEHOLD WORK, R/O. DEGOAN, TQ. BAILHONGAL, DIST. BELAGAVI-591 115. 3. SHRI. ABHISHEK S/O SIDDALING DESAI, AGED 37 YEARS, OCC. AGRICULTURIST AND PRIVATE SERVICE, R/O. MAMMIGATTI, TQ. AND DIST. DHARWAD-580 011. … PETITIONERS (BY SRI. S.N. BANAKAR, ADVOCATE) AND: SIDDALING S/O KESHAVARAO DESAI, SINCE DIED ON 01-01-2017 HIS LR’S., MS. JAYASHREE D/O VISHNU KAREKAR, AGE. 51 YEARS, OCC. GOVERNMENT SERVANT, R/O. KAMAKSHI COLONY, BEHIND KUMARESHWAR NAGAR, DHARWAD-580 007. … RESPONDENT (BY SRI. S.N. RAJENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER THEREBY QUASHING THE IMPUGNED ORDER OF DISMISSAL PASSED ON I.A. NO.9 FILED U/O.6 CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15435 WP No. 101682 of 2021 RULE.17 R/W. SECTION 151 OF C.P.C. IN O.S. NO.374/2016 DATED 22.03.2021 PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., DHARWAD AS PER ANNEXURE-H AND TO ALLOW I.A. NO.9 FILED AS PER ANNEXURE-F DATED 08.02.2021 BY ALLOWING THIS WRIT PETITION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) The amendment of plaint sought before the Trial Court was rejected by the Trial Court, accepting the objections filed by the defendants. 2. A similar amendment was the subject matter of W.P.No.101678/2021. The said writ petition is dismissed, thereby confirming the order passed by the Trial Court. 3. Under these circumstances, the present petition is also dismissed for the reasons assigned in W.P.No.101678/2021. 4. It is however made clear that the suit shall be decided on its own merits, without being influenced by any of the observations made either in the order rejecting the - 3 - HC-KAR NC: 2025:KHC-D:15435 WP No. 101682 of 2021 application for amendment of plaint, and also the order dismissing the writ petition, as such the observations are confined only to the merit of the interim application. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 44.1