- 1 - HC-KAR NC: 2025:KHC-D:13683 WP No. 105707 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.105707 OF 2025 (GM-CPC) BETWEEN: SHRI TUKARAM S/O KALLAPPA SHINDE @ KAMBAR, AGE: 54 YEARS, OCC: AGRICULTURE, R/AT: KATAGERI, TQ: ATHANI, DIST: BELGAUM-587 205. … PETITIONER (BY SRI. ZANZA S. JOSHI AND SRI. SHRIKANT K. DESPANDE, ADVOCATE) AND: SHRI MARUTI S/O KALLAPPA SHINDE @ KAMBAR, AGE: 63 YEARS, OCC: AGRICULTURE, R/AT: KATAGERI, TQ: ATHANI, DIST: BELGAUM-587 205. … RESPONDENT (NOTICE TO RESPONDENT-DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO SET-ASIDE THE IMPUGNED ORDER DATED 15/02/2025 AS PASSED BY THE 1ST ADDITIONAL CIVIL JUDGE AND JMFC, ATHANI IN O.S. NO.209/2018 ON APPLICATIONS UNDER O 6 R 17 AND UNDER SECTION 153 OF CPC, HEREWITH MARKED AS ANNEXURE-E AND CONSEQUENTLY ALLOW THE APPLICATIONS AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:11 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13683 WP No. 105707 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned counsel for the petitioner submits that notice to respondent be dispensed with as no relief is claimed against respondent. Hence, notice to respondent is dispensed with at the risk of the petitioner. 2. This petition is filed assailing the order passed by the Trial Court in O.S.No.356 of 2024, on the file of I Additional Civil Judge, Athani. In terms of the impugned order, the application filed by the petitioner seeking amendment of the description of the property, which was the subject matter of a compromise petition in the aforementioned suit, is rejected by the Trial Court. 3. Learned counsel for the petitioner would submit that suit for partition between two brothers was settled in terms of the compromise. While describing the property, the Northern boundary and - 3 - HC-KAR NC: 2025:KHC-D:13683 WP No. 105707 of 2025 Southern boundary have been wrongly shown and they have been interchanged and after noticing the error, petitioner/plaintiff filed an application for amendment to correct the description. The defendant/respondent did not object to the said application and gave consent for amendment. However, the Trial Court rejected the application on the premise that it has no jurisdiction to pass orders after the disposal of the suit. 4. Learned counsel for the petitioner would submit that the Court still had the power to allow the application for amendment as the amendment did not change the nature of the document and it was only removing typographical error in describing the suit property. 5. This Court has perused the contentions raised at the bar and perused the records. - 4 - HC-KAR NC: 2025:KHC-D:13683 WP No. 105707 of 2025 6. In the compromise petition, the boundary on the Northern side is shown as property of Lingappa Gundu Kalli and on the Southern side, it is shown as Kokatanur road. In the application seeking amendment of the description, the petitioner seeks to correct the Southern boundary as property bounded by Lingappa Gundu Kalli and Northern boundary as Kokatanur road. 7. It is further noticed that there is no change in the dimension of the property sought. It is also noticed from the order sheet that the respondent has not objected to the said amendment sought by the petitioner-plaintiff. It is noticed that in the said compromise, ½ portion of the suit property is allotted to the share of the plaintiff and ½ share to the share of the respondent. - 5 - HC-KAR NC: 2025:KHC-D:13683 WP No. 105707 of 2025 8. Under these circumstances, this Court does not find any impediment to allow the application for amendment. Hence, the following: ORDER i. Writ petition is allowed. ii. Impugned order dated 15.02.2025 passed in O.S.No.209/2018 on an application filed under Order VI Rule 17 and under Section 153 of CPC, by the learned I Additional Civil Judge, Athani, is set- aside. iii. The Trial Court shall issue a fresh decree by incorporating the changes as prayed in the application dated 30.08.2024 marked at Annexure-D. iv. Since the order is passed without issuing notice to the respondent, the respondent is permitted to - 6 - HC-KAR NC: 2025:KHC-D:13683 WP No. 105707 of 2025 move this Court in case he is aggrieved by this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 29.