- 1 - HC-KAR NC: 2025:KHC-D:16644 WP No. 104179 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104179 OF 2017 (GM-CPC) BETWEEN: 1. SOMAPPA S/O. SHIVAPPA MADIWALAR AGE: 51 YEARS, OCC: AGRICULTURE, R/O. ADARAKATTI VILLAGE, TQ: SHIRAHATTI, DIST: GADAG. 2. CHANNAPPA S/O. SHIVAPPA MADIWALAR AGE: 48 YEARS, OCC: AGRICULTURE, R/O. ADARAKATTI VILLAGE, TQ: SHIRAHATTI, DIST: GADAG. PETITIONER NO.1 AND 2 ARE REPRESENTED THROUGH THEIR GENERAL POWER OF ATTORNEY HOLDER SHANKAR S/O. SHIVAPPA BELAGAVI, AGE: 51 YEARS, OCC: BUSINESS, R/O. NO.40, “SHIVANGANGA”, VISHWESHWARA NAGAR, HUBBALLI. …PETITIONERS (BY SRI. VINAY S.KOUJALAGI, ADVOCATE) AND: 1. BABU MURLIDHAR MIRAJKAR, AGE: 51 YEARS, OCC: TAILOR, R/O: BALIGER ONI, UNKAL, HUBBALLI. 2. SREEKANT S/O. DATTATRAY CHIKORATE, AGE: 66 YEARS, OCC: COOLIE, R/O: SIDDESHWAR NAGAR, UNKAL, HUBBALLI. 3. RUDRAPPA S/O. BASAPPA BANI, AGE: 56 YEARS, OCC: COOLIE, R/O: KUMBAR ONI, UNKAL, HUBBALLI. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:16644 WP No. 104179 of 2017 4. ANNAPURANA W/O. GANGADHAR HIREMATH AGE: 71 YEARS, OCC: COOLIE, R/O: SUTAGATTI, HUBBALLI. 5. MANJULA W/O. ERAYYA CHIKKAMATH AGE: 39 YEARS, OCC: HOUSE WIFE, R/O: BALIGER ONI, UNKAL, HUBBALLI. 6. PRABHAVATI S/O. NARAYAN NAYAK AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: MENASINKAI CHAWL, UNKAL, HUBBALLI. 7. ALLABI H. NADAF, AGE: 56 YEARS, OCC: HOUSE WIFE, R/O: PYATI SAL ONI, UNKAL, HUBBALLI. 8. MEERAWWA S/O. CHANNA BANDI AGE: 76 YEARS, OCC: HOUSE WIFE, R/O: ASHIRWAD COLONY, MISSION COMPUND, HUBBALLI. 9. SMT. RATNA NINGAPPA MULE AGE: 62 YEARS, OCC: COOLIE, R/O: UNKAL, HUBBALLI. 10. NAZIRABI W/O. IMAMHUSSAIN WALIKAR AGE: 61 YEARS, OCC: COOLIE, R/O: HUGAR PLOT, KANIKYA CHAWL, OLD HUBBALLI, HUBBALLI. 11. NEELAWWA D/O. SIDDAPPA CHULKI AGE: MAJOR, OCC: COOLIE, R/O: H.NO.6, SANMATI ILAYOUT, LINGARAJ NAGAR, HUBBALLI. 12. KAMALWWA W/O. LAXMAN UDAPI AGE: 66 YEARS, OCC: HOUSE WIFE, R/O: DUMGERI ONI, UNKAL, HUBBALLI. 13. ALLABAX S/O. GUDUSAB HALYAL, AGE: 43 YEARS, OCC: COOLIE, R/O: PINJAR ONI, UNKAL, HUBBALLI. - 3 - HC-KAR NC: 2025:KHC-D:16644 WP No. 104179 of 2017 14. PARAWWA W/O. BASAVANEPPA BYADAGI AGE: 66 YEARS, OCC: COOLIE, R/O: BALIGER ONI, UNKAL, HUBBALLI. 15. SHANKARAPPA S/O. MUGAPPA SHIRAGUPPI, AGE: 66 YEARS, OCC: COOLIE, R/O: GAVI SIDDESHWAR NAGAR, UNKAL, HUBBALLI. 16. MAHADEVI D/O. GANGAPPA ANGADI AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O: BALIGER ONI, UNKAL, HUBBALLI. 17. NAGAPPA S/O. SHIVAPPA ANGADI AGE: 48 YEARS, OCC: COOLIE, R/O: RAGHAVENDRA KALYAN MANTAP, BHAVANI NAGAR, HUBBALLI. 18. GUDUSAB HASANSAB NADAF, AGE: 76 YEARS, OCC: COOLIE, R/O: SIDDAKALYAN, HUBBALLI. 19. RUDRAPPA S/O. CHANABASAPPA MATTI AGE: 71 YEARS, OCC: COOLIE, R/O: BENGERI ONI, UNKAL, HUBBALLI. 20. SMT. SHAILA W/O. ASHOK KADIKOPPA AGE: 56 YEARS, OCC: COOLIE, R/O: KOPPAL LAYOUT, UNKAL, HUBBALLI. 21. SIDDAPPA S/O. SHIVAPPA AMATI AGE: 76 YEARS, OCC: COOLIE, R/O: BASAVESHWAR CHAWL, SUTAGATTI, TQ: HUBBALLI. 22. MALABAI W/O. VENKAPPA BARGI AGE: 80 YEARS, OCC: HOUSEWIFE, R/O: BRAMHAGIRI COLONY, UNKAL, HUBBALLI. 23. MANJUNATH S/O. ANANTRAO MUSALE AGE: 56 YEARS, OCC; COOLIE, R/O: MISIGOUDAR ONI, UNKAL, HUBBALLI. - 4 - HC-KAR NC: 2025:KHC-D:16644 WP No. 104179 of 2017 24. NEELAWWA D/O. SIDDAPPA KOPPAL AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: BALIGER ONI, UNKAL, HUBBALLI. 25. UMESH PANDURANG EKBOTE AGE: 51 YEARS, OCC: COOLIE, R/O: SIDDESHWAR NAGAR, UNKAL, HUBBALLI. 26. KATUNABI W/O. MEHABUBSAB SIRUR AGE: 66 YEARS, OCC: HOUSEWIFE, R/O: BENAKATTI ONI, UNKAL, HUBBALLI. 27. HANAMAWWA W/O. YAMANAPPA BHAJANTRI AGE: 66 YEARS, OCC: COOLIE, R/O: SIDDESHWAR NAGAR, UNKAL, HUBBALLI. 28. SIDDAPPA S/O. GULAPPA SISNALLI AGE: 39 YEARS, OCC: COOLIE, R/O: WADDAR ONI, UNKAL, HUBBALLI. 29. IRAMMA W/O. SHEKAPPA SHIRAGUPPI AGE: 51 YEARS, OCC: COOLIE, R/O: GAVI SIDDESHWAR NAGAR, UNKAL, HUBBALLI. 30. HASANSAB S/O. BALASAB NADAF AGE: 66 YEARS, OCC: COOLIE, R/O: DURGAD ONI, UNKAL, HUBBALLI. 31. SMT. VEERAMMA W/O. CHANNAPPAGOUDA MEDAGOPPA, AGE: 78 YEARS, OCC: AGRICULTURE, R/O: UNKAL VILLAGE, HUBBALLI. …RESPONDENTS (BY SRI. DINESH M.KULKARNI, ADVOCATE FOR R31; NOTICE TO R1 TO R30 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.02.2017 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI IN O.S.NO.227/2011 ON I.A.NO.9 PRODUCED AT ANNEXURE-F AND ETC. - 5 - HC-KAR NC: 2025:KHC-D:16644 WP No. 104179 of 2017 THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel appearing on behalf of respondents No.1 to 3 has filed a memo of retirement. 2. Same is taken on record. 3. Learned counsel for respondents No.1 to 30 is permitted to retire. 4. This petition is filed assailing the order dated 22.02.2017 rejecting the petitioners’ application at I.A. No.9 in O.S. No.227/2011 to amend the counter claim. 5. The suit is one for declaration of title where the plaintiffs claim that they are the owners of the property by way of adverse possession. 6. Defendants contend that the defendants are the owners and have filed a counter claim on the premise that plaintiffs have encroached some portion of the suit property. - 6 - HC-KAR NC: 2025:KHC-D:16644 WP No. 104179 of 2017 Later, when the case was posted for evidence of the plaintiff, an application is filed to amend the counter claim wherein the defendants sought possession of the property. The application is rejected on the premise that the evidence has commenced and the defendant is not diligent in moving the application. 7. The Court has considered the contentions raised at the Bar and perused the records. 8. The power of the Court to amend the pleadings after the commencement of the trial, is not altogether taken away after the amendment of the Code of Civil Procedure in the year 2002. In appropriate cases, the Court can still permit the amendment post amendment to the Code of Civil Procedure in the year 2002. 9. The amendment which is sought is to incorporate the prayer for possession, where the defendant in the counter claim has already contended that the plaintiffs have encroached the property and have sought mandatory injunction. - 7 - HC-KAR NC: 2025:KHC-D:16644 WP No. 104179 of 2017 10. Under these circumstances, the Court is of the view that the amendment which is sought is in aid of the counter claim which is already filed. Therefore, the Trial Court could not have rejected the amendment. 11. Hence the following: ORDER (i) Writ Petition is allowed. (ii) The Order dated 22.02.2017 passed by the I Additional Civil Judge, Hubballi in O.S.No.227/2011 on I.A.No.9 marked at Annexure-F is quashed. (iii) Defendants are permitted to amend the counter claim. (iv) Plaintiffs are at liberty to file written statement to the amended counter claim. (v) It is made clear that the Court has not expressed anything on the merits of the amended counter claim. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN Ct:vh List No.: 2 Sl No.: 1