- 1 - HC-KAR NC: 2025:KHC-D:12002 WP No. 106783 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106783 OF 2025 (GM-CPC) BETWEEN: SUREKHA W/O.BALASAB GOURAI, AGE: 48 YEARS, OCC. HOUSEHOLD WORK, R/O. PATTANKUDI, TQ. CHIKODI, DIST. BELAGAVI-591201. …PETITIONER (BY SRI. AVINASH BANAKAR, ADVOCATE) AND: 1. SUNANDA W/O. RAYANAGOUDA PATIL, AGE: 65 YEARS, OCC. AGRICULTURE, R/O. HEBBAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 2. HANAMANT S/O. RAYANAGOUDA PATIL, AGE: 35 YEARS, OCC. SERVICE, R/O. HEBBAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 3. NIRMALA W/O. DADA PATIL, AGE: 60 YEARS, OCC. AGRICULTURE, R/O. HEBBAL, TQ. HUKKERI, DIST. BELAGAVI-591309. …RESPONDENTS (NOTICE TO RESPONDENT IS DISPENSED WITH) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12002 WP No. 106783 of 2025 THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASH THE IMPUGNED ORDER DATED 25-07-2019 ON I.A.NO.VI IN O.S.NO.41/2015 PASSED BY THE COURT OF PRL. CIVIL JUDGE AND JMFC, SANKESHWAR VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY; B. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASH THE IMPUGNED ORDER DATED 05-02-2025 ON I.A.NO.14 IN O.S.NO.41/2015 PASSED BY THE COURT OF PRL CIVIL JUDGE AND JMFC, SANKESHWAR VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY; C. PASS SUCH OTHER ORDERS OR DIRECTIONS AS THIS HON'BLE COURT DEEMS JUST AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT PETITION, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ in the nature of certiorari quash the impugned order dated 25-07-2019 on I.A.No.VI in O.S.No.41/2015 passed by the Court of Prl. Civil Judge and JMFC, Sankeshwar vide Annexure-E, in the interest of justice and equity. b. Issue a Writ in the nature of certiorari quash the impugned order dated 05-02-2025 on I.A.No.14 in O.S.No.41/2015 passed by the - 3 - HC-KAR NC: 2025:KHC-D:12002 WP No. 106783 of 2025 court of Prl. Civil Judge and JMFC, Sankeshwar vide Annexure-G, in the interest of justice and equity. c. PASS such other orders or directions as this Hon'ble court deems just and proper under the facts and circumstances of the case and allow this writ petition, in the interest of justice. 3. Petitioner had filed a suit for partition and separate possession in O.S.No.41/2015 before the Principal Civil Judge and JMFC, Sankeshwar. In the said suit, defendant had filed a written statement contending that one of the properties bearing VPC No.558 had not been included. Hence the petitioner had filed I.A.No.6 for amendment, which came to be rejected on 25.07.2019. Subsequently, the petitioner filed one more application in I.A.No.14 seeking for the very same amendment, which came to be dismissed on 05.02.2025. It is challenging both the orders, the petitioner is before this Court. 4. I.A.No.6 had been dismissed on 25.07.2019 and had not been challenged until now. Thereafter the petitioner filed one more application when the matter - 4 - HC-KAR NC: 2025:KHC-D:12002 WP No. 106783 of 2025 was posted for final arguments, which came to be dismissed, which is now challenged. I am unable to accept the submission of learned counsel for the petitioner that both the orders are now challenged. The amendment application having been rejected on 25.07.2019, it was required for the petitioner to have challenged the same within a reasonable period of time from that date. Instead of doing so, the petitioner, in order to create one more cause of action, has filed one more application in I.A.No.14, which came to be dismissed and thereafter both the orders have been challenged when the matter is posted for final arguments. 5. No grounds being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 28