- 1 - HC-KAR NC: 2025:KHC-D:18305 WP No. 103092 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103092 OF 2022 (GM-CPC) BETWEEN: 1. BAPUGOUDA S/O HIREGOUDA PATIL AGE: 43 YEARS, OCC: AGRICULTURE, R/O. HANDIGANUR, TQ. AND DIST. HAVERI. 2. SHRI SANGANGOUDA S/O CHANNAVEERGOUDA PATIL AGE: 75 YEARS, OCC: AGRICULTURE, R/O: HANDIGANUR, TQ. AND DIST: HAVERI. 3. SHRI VEERANGOUDA S/O CHANNAVEERGOUDA PATIL AGE: 60 YEARS, OCC: AGRICULTURE, R/O: HANDIGANUR, TQ. AND DIST: HAVERI. 4. SMT. MANJAVVA W/O HANUMANTGOUDA PATIL AGE: 50 YEARS, OCC: AGRICULTURE, R/O: HANDIGANUR, TQ. AND DIST: HAVERI. …PETITIONERS (BY SRI. SATISH S. RAICHUR, ADVOCATE) AND: 1. BASAVESHWARA DEVASTANA JIRNODDAR SAMITI (R), REPRESENTED BY ITS PRESIDENT, HANUMANTAGOUDA S/O VEERANGOUDA PATIL, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: HANDIGANUR, TQ. AND DIST: HAVERI 581110 Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18305 WP No. 103092 of 2022 2. BULLAPPA ALIAS ARAVIND S/O NAGABHOOSHANA MAMALEDESAYI AGE: 61 YEARS, OCC: AGRICULTURE, R/O: HANDIGANUR, TQ. AND DIST: HAVERI 581110 3. SHIVALINGAPPA ALIAS VIJAYAKUMAR S/O NAGABHOOSHANA MAMALEDESAYI AGE: 59 YEARS, OCC: AGRICULTURE, R/O: HANDIGANUR, TQ. AND DIST: HAVERI 581110 4. GURUSIDDAPPA ALIAS SURESH S/O NAGABHOOSHANA MAMALEDESAYI AGE: 56 YEARS, OCC: AGRICULTURE, R/O: HANDIGANUR, TQ. AND DIST: HAVERI 581110 5. BASALINGAPPA ALIAS SATISH S/O NAGABHOOSHANA MAMALEDESAYI AGE: 55 YEARS, OCC: AGRICULTURE, R/O: HANDIGANUR, TQ. AND DIST: HAVERI 581110. …RESPONDENTS (BY SRI. NAVEEN CHATRAD, ADV. FOR R1; NOTICE TO R2 TO R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE COMMON ORDER DATED 19-07-2022 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC COURT, HAVERI DISMISSING THE I A NOS. VI AND VII IN O.S. NO. 31/2017 VIDE ANNEXURE E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:18305 WP No. 103092 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners. 2. The petition is filed assailing the order dated 19.07.2022 rejecting I.A.Nos.6 and 7 filed by defendants 5 to 8 in O.S.No.31/2017 on the file of Additional Civil Judge, Haveri. 3. In terms of I.A.Nos.6 and 7, defendants No.5 to 8 intended to file separate written statement by withdrawing the written statement filed earlier. The Court has not granted the said prayer on the premise that there is no provision in the Code to withdraw the written statement. The Court has held the remedy available for the parties is to file an application for amendment. 4. Learned counsel for the petitioners would contend that the stand taken by defendants 5 to 8 would be different from the stand taken in the earlier written statement which is filed by other defendants and adopted by defendants 5 to 8. 5. Even if that is the case, then defendants 5 to 8 are permitted to file an application for amendment, and in case the - 4 - HC-KAR NC: 2025:KHC-D:18305 WP No. 103092 of 2022 application is allowed, the amended written statement would be the written statement of defendants 5 to 8 and the original written statement filed by defendant No.1 will remain as the written statement of defendant No.1 and if any other defendant has adopted the written statement of defendant No.1 other than defendants 5 to 8, that written statement of defendant No.1 will continue be the written statement of such defendant, who adopted the written statement of defendant No.1. 6. With these observations, the writ petition is dismissed. If the application is filed for amendment, same shall be considered keeping in mind the observations made herein above. 7. If such application is allowed, there need not be an amendment in the written statement filed by defendant No.1, and however, defendants No.5 to 8 (if application is allowed) will have to file a separate written statement. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN/CT CNB List No.: 1 Sl No.: 79