- 1 - HC-KAR NC: 2025:KHC-D:15608 WP No. 103806 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103806 OF 2025 (GM-CPC) BETWEEN: ASHOK S/O. YAMANAPPA NAVI, AGE. 58 YEARS, OCC. AGRICULTURE, R/O. YAKKANCHI-591 230, TQ. ATHANI, DIST. BELAGAVI. … PETITIONER (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. MARUTI S/O. YAMANAPPA NAVI, AGE. 65 YEARS, OCC. AGRICULTURE, R/O. YAKKANCHI-591 230, TQ. ATHANI, DIST. BELAGAVI. 2. SMT. MUKTABAI W/O. TUKARAM NAVI, AGE. 63 YEARS, OCC. HOUSEHOLD, R/O. HALAGUNAKI-586 117, TQ. INDI, DIST. VIJAYAPUR. 3. SMT. MAHADEVI APPASAB NAVI, AGE. 61 YEARS, OCC. HOUSEHOLD WORK, R/O. YAKKANCHI-591 230, TQ. ATHANI, DIST. BELAGAVI. … RESPONDENTS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R1; NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI SET ASIDE THE ORDER DATED 18.12.2024 ON I.A. NO.6 PASSED IN O.S. NO.700/2022 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, ATHANI, VIDE ANNEXURE-A. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15608 WP No. 103806 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 18.12.2024 rejecting the application for amendment of written statement. 2. The suit is one for partition and separate possession filed in the year 2022. Written statement is filed on 28.08.2023 by defendants No.1 and 2. Defendant No.3 filed written statement on 06.03.2023 and application is filed to amend the written statement filed by defendant No.3 on 24.09.2024 and same is rejected. 3. Defendant No.3 by way of an amendment would seek to incorporate certain facts which according to him are relevant and would narrate about the alleged earlier partition in the family. The plaintiffs are not admitting the said partition. The Trial Court has rejected the application on the premise that the trial has already commenced. - 3 - HC-KAR NC: 2025:KHC-D:15608 WP No. 103806 of 2025 4. The law in this regard is well settled. Merely because the trial has commenced, the Court’s power to amend the pleadings is not taken away. 5. Considering the nature of amendment sought, the Court is of the view that the Trial Court ought to have allowed the application seeking amendment of the written statement by defendant No.3 and since the application is filed after the commencement of trial, the plaintiffs are put to inconvenience and there has to be fresh evidence on the amended portion of the written statement as such, defendant No.3 is liable to pay cost of ₹3,000/- and same shall be payable to the plaintiffs. 6. Since respondent No.2 is one of the defendants who has not opposed the application for amendment of written statement, notice to respondent No.2 is not required and the same is dispensed with. 7. Hence, the following: ORDER (i) Writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:15608 WP No. 103806 of 2025 (ii) Impugned order dated 18.12.2024 on I.A. No.6 in O.S No.700/2022 on the file of I Additional Civil Judge, Athani is set aside. (iii) The petitioner is permitted to amend written statement on payment of cost of ₹3,000/-. (iv) The plaintiffs are at liberty to file re-joinder to the amended written statement. (v) The Court has not expressed any opinion on the merits of the claim made in the amended written statement. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 11