- 1 - HC-KAR NC: 2025:KHC-D:11801 WP No. 115238 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 115238 OF 2019 (GM-CPC) BETWEEN: 1. SHIVANAND S/O. SIDRAMAPPA DANGI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT. 2. SHRISHAIL S/O. SIDRAMAPPA DANGI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT. …PETITIONERS (BY SRI. MAHANTESH R. PATIL, ADVOCATE) AND: 1. MURIGEPPA S/O. PARAPPA MUGATI, SINCE DECEASED REP. BY HIS LR’S. 1A. BANDAVVA W/O. BASAPPA MUGATI, AGE ABOUT 56 YEARS, OCC: AGRICULTURE, R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11801 WP No. 115238 of 2019 DIST: BAGALKOT, PIN-587313. 1B. MALLAPPA S/O. BASAPPA MUGATI, AGE ABOUT 37 YEARS, OCC: AGRICULTURE, R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1C. SUDHEER S/O. BASAPPA MUGATI, AGE ABOUT 34 YEARS, OCC: AGRICULTURE, R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1D. MANJULA W/O. CHANNAPPA MUGATI, AGE ABOUT 31 YEARS, OCC: AGRICULTURE, R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1E. PARAPPA S/O. MURAGEPPA MUGATI, AGE ABOUT 58 YEARS, OCC: AGRICULTURE, R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1F. SHIVAPPA S/O. MURAGEPPA MUGATI, AGE ABOUT 56 YEARS, OCC: AGRICULTURE, R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. - 3 - HC-KAR NC: 2025:KHC-D:11801 WP No. 115238 of 2019 1G. SANGAPPA S/O. MURAGEPPA MUGATI AGE ABOUT 54 YEARS, OCC: AGRICULTURE, R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1H. PREMA W/O. ANIL MUGATI, AGE ABOUT 48 YEARS, OCC: AGRICULTURE, R/O. NEAR NIRANI DISTILLERY, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1I. SANTOSH S/O. ANIL MUGATI, AGE ABOUT 26 YEARS, OCC: AGRICULTURE, R/O. NEAR NIRANI DISTILLERY, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1J. SANGEETA D/O. ANIL MUGATI, AGE ABOUT 23 YEARS, OCC: AGRICULTURE, R/O. NEAR NIRANI DISTILLERY, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1K. BASALINGAVVA W/O. MALLAPPA VENKATAPPA, AGE ABOUT 59 YEARS, OCC: AGRICULTURE, R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1L. ANNAWWA W/O. SIDDAPPA KOLUR, AGE ABOUT 57 YEARS, OCC: AGRICULTURE, - 4 - HC-KAR NC: 2025:KHC-D:11801 WP No. 115238 of 2019 R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 1M. NEELAWWA W/O. RAMAPPA GANI, AGE ABOUT 53 YEARS, OCC: AGRICULTURE, R/O. NEAR BASARADDI FARMHOUSE, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN-587313. 2. SHRISHAIL S/O. MURIGEPPA MUGATI, AGE: 85 YEARS, OCC: AGRICULTURE, R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT. …RESPONDENTS (BY SRI. MRUTYUNJAY TATA BANGI, ADV. FOR R1(E & H TO M) & R2; NOTICE TO R1(A) TO R1(C) HELD SUFFICIENT; NOTICE TO R1(D), R1(F) AND R1(G) ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH THE IMPUGNED ORDER PASSED ON I.A.NO.6 DATED 28/02/2019 IN O.S.NO.63/2012 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE & J.M.F.C. MUDHOL PRODUCED AT ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:11801 WP No. 115238 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed seeking following reliefs: “i) Issue a writ in nature of certiorari or any other appropriate writ and quash the impugned order passed on I.A.No.6 dated 28/02/2019 in O.S.No.63/2012 pending on the file of the Prl. Civil Judge & J.M.F.C. Mudhol produced at Annexure-F, in the interest of justice and equity. ii) Pass such other order or orders as this Hon’ble Court may deem fit in the circumstances of the case.” 2. Sri.Mahantesh R.Patil, learned counsel for the petitioners submits that the petitioners filed an application for amendment of the plaint seeking to insert a clause “Up to Ghataprabha River on its West” in paragraph No.10(a) after the survey numbers. However, the trial Court erroneously rejected the same on the ground that no documents were placed in support of the amendment. It is submitted that the proposed amendment is filed at the earliest stage of the proceedings and it is in the clarificatory nature. Hence, he seeks to allow the petition. - 6 - HC-KAR NC: 2025:KHC-D:11801 WP No. 115238 of 2019 3. Per contra, Sri.Mrutyunjay Tata Bangi, learned counsel appearing for the respondents supports the impugned order of the trial Court and submits that the proposed amendment is nothing but an abuse of process of law and filed with an intention to drag on the proceedings. Hence he seeks to dismiss the petition. 4. I have heard the arguments of the learned counsel for the petitioners, the learned counsel for the respondents and meticulously perused the material available on the record. I have given my anxious consideration to the submissions advanced on both sides. 5. The petitioners filed OS.No.63/2012 seeking the relief of decree for permanent injunction against the respondents and their agents from obstructing the peaceful possession and enjoyment of the plaintiffs over the suit schedule property in Sy.Nos.100/1 and 100/2 of Zunjarakoppa Village, Mudhol Taluk. In the said suit, the respondents filed a written statement denying the averments made in the plaint. Before commencement of the trial, the petitioners filed an application - 7 - HC-KAR NC: 2025:KHC-D:11801 WP No. 115238 of 2019 seeking to insert the words “Up to Ghataprabha River on its West” in paragraph No.10(a) after the survey numbers, i.e. in the prayer column of the suit schedule property. The trial Court rejected the same under the impugned order. In my considered view the proposed amendment would neither change the nature of the suit nor cause any prejudice to the other side and the same is filed at the pre-trial stage. Considering the same, the application deserves to be allowed. It is also noticed that the details now sought to be incorporated in the plaint is already a part of pleading at paragraph No.4 of the plaint. 6. Learned counsel for the respondents submits that there may be direction to dispose of the suit in a time bound manner. I am of the considered view that no mandamus can be issued to the trial Court to dispose of the suit in a time bound manner. However, the trial Court shall take note of the fact that the suit is of the year 2012 and consider the same for early disposal. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. - 8 - HC-KAR NC: 2025:KHC-D:11801 WP No. 115238 of 2019 ii. The impugned order dated 28.02.2019 passed on IA.No.VI in OS.No.63/2012 by the Principal Civil Judge & JMFC, Mudhol is hereby set aside. iii. Consequently, IA.No.VI filed under Order VI Rule 17 r/w Section 151 of the Code of Civil Procedure, 1908 filed by the petitioners/plaintiffs is allowed. No orders as to costs. Sd/- (VIJAYKUMAR A.PATIL) JUDGE ABK /CT-AN List No.: 1 Sl No.: 5