- 1 - HC-KAR NC: 2025:KHC-D:14837 WP No. 107398 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107398 OF 2025 (GM-CPC) BETWEEN: 1. SHRI PRAVEEN S/O SURESH YADAWAD, AGE. 28 YEARS, OCC. BUSINESS, R/O. HOSAMANI ONI, BYADAGI, TQ. BYADAGI, DIST. HAVERI, PIN CODE-581 106. 2. SHRI KIRAN S/O SURESH YADAWAD, AGE. 26 YEARS, OCC. BUSINESS, R/O. HOSAMANI ONI, BYADAGI, TQ. BYADAGI, DIST. HAVERI, PIN CODE-581 106. … PETITIONERS (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: SHRI IRAPPA S/O RACHAPPA YADAWAD, AGE. 45 YEARS, OCC. COOLIE, R/O. ARALIMATTI ONI, BYADAGI, TQ. BYADAGI, DIST. HAVERI, PIN CODE-581 106. … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 03-07-2025 PASSED ON I.A. NO.II IN O.S. NO.3/2023 BY THE CIVIL JUDGE AND JMFC, BYDAGI AS PER ANNEXURE-F AND CONSEQUENTLY DISMISSING THE SAID APPLICATION FOR AMENDMENT OF PLAINT AS FILED UNDER ORDER-6 RULE 17 OF CPC BY THE RESPONDENT HEREIN, AS PER ANNEXURE-D HEREIN THEREIN, BY ALLOWING THIS WRIT PETITION BY THIS COURT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14837 WP No. 107398 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Article 227 of the Constitution of India by the petitioners assailing the order dated 03.07.2025 passed on I.A.No.II filed under Order VI Rule 17 r/w Section 151 of the Code of Civil Procedure, 19081, in O.S.No.03/2023 on the file of Civil Judge, Byadgi2. 2. The Trial Court permitted the amendment of the plaint, wherein the plaintiff seeks amendment of the plaint on the premise that the defendants should be directed to handover the possession of the property, as the defendants has dispossessed the plaintiff during the pendency of the suit. 3. The defendant filed objection to the said application on the premise that application could not have been amended, as the plaintiff had not sought the relief of declaration of title. 4. The Court is not convinced with the contentions raised by the petitioner. When the plaintiff has raised the contention that he was dispossessed during the pendency of the suit and 1 Hereinafter referred to as the ‘CPC’ 2 Hereinafter referred to as the ‘Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:14837 WP No. 107398 of 2025 thereby he seeks a prayer for possession of the property, the Trial Court was justified in allowing the application for amendment of the plaint. Whether the plaintiff has been dispossessed during the pendency of the suit or not is a matter which requires consideration at the time of trial. 5. Whether a suit for possession without a prayer for declaration of title is maintainable or not is also a matter to be decided by the Trial Court while deciding the suit. 6. This Court finds no ground made out to interfere with the impugned order. 7. Accordingly, the writ petition is dismissed. 8. It is made clear that this Court has not expressed anything on the merits of the matter. 9. The defendants are permitted to file written statement to the amended plaint. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 35