- 1 - HC-KAR NC: 2025:KHC-D:18110 WP No. 108516 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108516 OF 2025 (GM-CPC) BETWEEN: 1. GANESH PRABHAKAR NAIK, AGE. 32 YEARS, OCC. BUSINESS, R/O. HOUSE NO.1031, VAMAN ASHRAM ROAD, KARWAR, DIST. UTTARA KANNADA. 2. GIRISH PRABHAKAR NAIK, AGE. 28 YEARS, OCC. BUSINESS, R/O. HOUSE NO.1031, VAMAN ASHRAM ROAD, KARWAR. … PETITIONERS (BY SRI. J.S. SHETTY, ADVOCATE) AND: SMT. SEEMA W/O LATE PRABHAKAR NAIK, AGE. 46 YEARS, OCC. HOUSEHOLD, R/O. HOUSE NO.1031, VAMAN ASHRAM ROAD, KARWAR. … RESPONDENT (BY SRI. GIRISH A. YADWAD, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDERS DATED 09-10- 2025, PASSED ON I.A. NO.3 AND 4, IN O.S. NO.4/2025, PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KARWAR, UTTARA KANNADA, THE COPY OF WHICH HAVE BEEN PRODUCED HEREWITH AT ANNEXURE A AND B. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2025.12.16 11:21:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18110 WP No. 108516 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 09.10.2025 passed on I.A.Nos.3 and 4 in O.S.No.4/2025 by learned Additional Senior Civil Judge, Karwar, Uttara Kannada, seeking amendment of the written statement and production of documents. 2. I.A.No.III filed for amendment of written statement is rejected on the premise that the evidence has already commenced. I.A.No.IV filed for production of documents is rejected on the premise sufficient cause is not shown. 3. Learned counsel appearing for the petitioners would submit that the amendment of written statement sought by the defendants should have been allowed and the application for amendment of written - 3 - HC-KAR NC: 2025:KHC-D:18110 WP No. 108516 of 2025 statement should have been construed liberally ignoring despite the fact trial has already commenced. It is his further submission that even after commencement of trial, the Court's power to amend the pleadings is not taken away. 4. Learned counsel appearing for the respondent- plaintiff would oppose the applications on the premise that the defendants have not established due diligence, which is required under Order VI Rule 17 after the amendment to the Code of Civil Procedure, 1908 (for short ‘Code’) in the year 2002. 5. The Court has considered the contentions raised at the Bar and perused the records. 6. The power of the Court to permit amendment after trial is not absolutely curtailed. In appropriate case such application is permissible. - 4 - HC-KAR NC: 2025:KHC-D:18110 WP No. 108516 of 2025 7. The suit in O.S.No.4/2025 is for partition and separate possession. The Court is of the view that amendment of written statement sought by the defendants does not cause any prejudice to the respondent/plaintiff. In case the respondent/plaintiff intends to file any rejoinder, same should be permitted by permitting the proposed amendment. 8. The application for production of additional document also should have been allowed given the fact that the document is pertaining to the suit property. 9. Hence, the following: ORDER i. The petition is allowed. ii. Impugned order dated 09.10.2025 passed on I.A.Nos.3 and 4 in O.S.No.4/2025 by learned Additional Senior Civil Judge, Karwar, Uttara Kannada, is set-aside. - 5 - HC-KAR NC: 2025:KHC-D:18110 WP No. 108516 of 2025 iii. The petitioners-defendants are permitted to amend the written statement. iv. The respondent/plaintiff is at liberty to file rejoinder. v. It is made clear that this Court has not expressed anything on the merits of the contentions raised in the proposed amendment or in the proof of the document. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 80