- 1 - HC-KAR NC: 2025:KHC-D:15857 WP No. 108189 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108189 OF 2025 (GM-CPC) BETWEEN: SMT. KALAVATI W/O MALLAPPA KOPPAD, AGE. 56 YEARS, OCC. AGRICULTURIST, R/O. TEGGINKERI, KUNDGOL, DIST. DHARWAD-581 113. … PETITIONER (BY SRI. SANTOSH APPASAB BIRANAGI, ADVOCATE) AND: 1. SHRI JAGADHEESH S/O SIDDAPPA ANNIGERI @ PUJAR, AGE. 60 YEARS, OCC. AGRICULTURIST, R/O. KUNDGOL, TQ. KUNDGOL, DIST. DHARWAD-581 113. 2. SMT. RENAVVA W/O NINGAPPA MASALANNAVAR, AGE. 59 YEARS, OCC. AGRICULTURIST, R/O. KALIDAS NAGAR, KUNDGOL, TQ. KUNDGOL, DIST. DHARWAD-581 113. 3. SMT. FAKKIRAVVA W/O BHARAMAPPA SUNAGAR, AGE. 45 YEARS, OCC. AGRICULTURIST, R/O. KALIDAS NAGAR, KUNDGOL, TQ. KUNDGOL, DIST. DHARWAD-581 113. … RESPONDENTS CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.21 11:41:29 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15857 WP No. 108189 of 2025 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 ORDER DATED 11.09.2025 PASSED ON I.A. NO.9 IN O.S. NO.20/2021 BY THE SENIOR CIVIL JUDGE AND JMFC, KUNDGOL VIDE ANNEXURE-H IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed challenging the order dated 11.09.2025 passed on I.A.No.9 in O.S.No.20/2021, allowing the application seeking amendment of the plaint. 2. The suit is filed in the year 2021. The evidence has not yet commenced. The plaintiff seeks declaration that he is the owner of the property by way of an amendment. Defendant No.3 filed objection. Objection is overruled. Amendment is granted by the Trial Court. 3. Learned counsel for the petitioner-defendant No.3 would contend that the proposed amendment is - 3 - HC-KAR NC: 2025:KHC-D:15857 WP No. 108189 of 2025 impermissible as the plaintiff is seeking declaration of ownership in respect of the entire property. It is his submission that defendant No.3 has purchased the property under registered sale deed dated 14.03.2019 and declaration is sought in respect to the property covered under the aforementioned sale deed. 4. In addition to amendment sought in the prayer of the plaint as noted above, the plaintiff has also given certain particulars in the proposed amendment as to why the plaintiff is seeking declaration of title. 5. The Trial Court has allowed the application. 6. The Court does not find any error in the said order. The reason is, plaintiff in his plaint, before the amendment, has asserted that he is the owner of the suit property. Thus, it is for the plaintiff to - 4 - HC-KAR NC: 2025:KHC-D:15857 WP No. 108189 of 2025 establish that he is the owner in respect of the suit property. 7. In case, defendant No.3 has purchased the property through a valid sale transaction, defendant No.3 can certainly file additional written statement and urge his contention before the Trial Court. 8. Merely because amendment is allowed, it does not mean that the plaintiff’s case is accepted. It is for the plaintiff to prove the contentions raised by way of an amendment. 9. Hence, the following: ORDER i. Writ petition is dismissed. ii. Defendant No.3 is permitted to file additional written statement. - 5 - HC-KAR NC: 2025:KHC-D:15857 WP No. 108189 of 2025 iii. It is made clear that this Court has not expressed anything on the merits of the relief claimed by the plaintiff by way of an amendment. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 26