Karnataka High Court
Sri. Basavaraj .S vs Sri Nagaraj S on 12 March, 2026
-1-
NC: 2026:KHC:14902
W.P. No.5651/2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.5651/2022 (GM-CPC)
BETWEEN:
SRI. BASAVARAJ .S
S/O LATE SRI. SOMASHEKAR
AGED ABOUT 52 YEARS
R/AT NO.949, SHERKHAN LANE
NAGARTHPET, BANGALORE-560002.
Digitally signed
by RUPA V ...PETITIONER
Location: HIGH
COURT OF (BY SRI. ANANDA V, ADV., FOR
KARNATAKA SRI. JAGADEESH MUNDARAGI, ADV.,)
AND:
1. SRI. NAGARAJ .S
S/O LATE SOMASHEKAR
AGED ABOUT 50 YEARS
R/AT NO.296, SIDDESHWARANILAYA
BEHIND OLD CORPORATION BANK
BANASHANKARI I STAGE
BANGALORE-560050.
2. BHAWARLAL JAIN
S/O DALICHAND
SINCE DEAD REP BY LR'S.
3. SMT. MADHUBALA
W/O SRI BHAWARLAL JAIN
AGED ABOUT 64 YEARS
R/AT. NO.7, SETHAPATHY AGARAHARA
S.L.V. RESIDENCY FLAT NO.305
3RD FLOOR, OPP. ST. THERESA
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NC: 2026:KHC:14902
W.P. No.5651/2022
HC-KAR
NEAR RAYON CIRCLE
BENGALURU-560002.
(a) SMT. RASHMI MUKESH PAGARLA
D/O LATE BHAWARLAL JAIN BADERA
AGED ABOUT 43 YEARS
R/AT. NO.7, SHETHAPATHY AGARAHARA
S.L.V. RESIDENCY FLAT NO.305
3RD FLOOR, OPP. ST. THERESA
NEAR RAYON CIRCLE
BENGALURU-560002.
(b) SMT. SHWETA BAFNA
D/O LATE BHAWARLAL JAIN BADERA
W/O SANDEEP BAFNA
AGED ABOUT 42 YEARS
R/AT. NO.230/A, VARDHAMANNAGAR
SHOBHAWATON KI DHANI
PALROAD, JODPUR.
(c) SMT. SWATHI NOTESH DOSHI
D/O LATE BHAWARLAL BADERA
AGED ABOUT 40 YEARS
R/AT NO.94, SUNKALPET, 3RD CROSS
CUBBONPET, BENGALURU-560002.
(d) SMT. SMITHA NOTESH DASTI
D/O LATE BHAWARLAL JAIN BADERA
AGED ABOUT 38 YEARS
R/AT. NO.94, SUNKALPET
3RD CROSS, CUBBONPET
BENGALURU.
(e) SMT. SAMTHA SOLANKI
D/O LATE BHAWARLAL JAIN BADERA
W/O MITESH SOLANKI
AGED ABOUT 35 YEARS
R/AT. NO.101, KAMAL NIKETAN
SAKKAMMA GARDENS
JAYANAGAR, BENGALURU-560004.
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W.P. No.5651/2022
HC-KAR
(f) SMT. SHEETAL RISHAB DOSHI
D/O LATE BHAWARLAL JAIN BADERA
AGED ABOUT 32 YEARS
R/AT. NO.65B, SVG MANHATTAN
APARTMENT, VASVI TEMPLE ROAD
V.V. PURAM, BENGALURU-560004.
4. SRI. PADAM CHAND BADERA
S/O LATE SRI PARASMAL
AGED ABOUT 45 YEARS
R/AT NO.99/100, 3RD FLOOR
S V E DIAMOND COMPLEX
NAGARTHPET, BENGALORE-560002
...RESPONDENTS
(BY SRI. LAKSHMAN D, ADV., FOR
SRI. RAGHU PRAKASH BABU D, ADV., FOR R2 (a-f) & R4
NOTICE TO R1 IS H/S
R3 SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CPC.,
PRAYING TO QUASH/SETTING ASIDE THE ORDER DTD
19.08.2021 PASSED ON I.A. FILED UNDER ORDER VI, RULE-17
CPC, 1908 BY THE LEARNED XXXVII ADDL. CITY CIVIL JUDGE
AT BENGALURU (CCH-38) IN O.S.NO.1605/2013 VIDE ANNX-A
AND ALLOW THE SAID I.A. AS PRAYED FOR THEREIN & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This petition is filed challenging the order dated 19.08.2021 passed on an interlocutory application filed by -4- NC: 2026:KHC:14902 W.P. No.5651/2022 HC-KAR the plaintiff under Order VI Rule 17 of the Civil Procedure Code, 1908 (for short, 'the CPC') in O.S.No.1605/2013 by the XXXVII Additional City Civil and Sessions Judge at Bengaluru (CCH-38) (for short, 'the Trial Court').
2. Sri.Ananda V., learned counsel appearing for the petitioner submits that the petitioner-plaintiff has filed a suit for declaration, mandatory injunction and further relief that the sale deed dated 27.05.2013 executed by the defendant No.1 in favour of the defendant Nos.3 and 4 in respect of the suit schedule 'C' property, is not binding on the plaintiff. It is submitted that during the pendency of the suit, the plaintiff filed an application seeking for amendment of the plaint on the ground that the plaintiff and the defendant No.1 are the brothers and they got the property divided under a partition deed dated 19.01.2000 and in the said partition deed, it was agreed between the brothers that if any one of the sharer intends to sell the property, they should inform the another and to sell the property in his favour. But, without informing the plaintiff, -5- NC: 2026:KHC:14902 W.P. No.5651/2022 HC-KAR the property has been sold by the defendant No.1 in favour of the defendant Nos.3 and 4. Thereafter, an application is filed to seek the amendment of the plaint and further prayer to grant a decree for preferential right to purchase the suit schedule property. However, the Trial Court, solely on the ground of limitation, dismissed the application. It is further submitted that the question of limitation cannot be gone into during the course of trial. In support of his contentions, he placed reliance on the judgment of the Hon'ble Supreme Court in the case of PANKAJA AND ANOTHER Vs. YELLAPPA (DEAD) BY LRs. AND OTHERS1. Hence, he seeks to allow the petition.
3. Per contra, Sri.Lakshman D., learned counsel appearing for Sri.Raghu Prakash Babu D., learned counsel for the respondent Nos.2(a, b, d, e, f, g) and 4 supports the impugned order of the Trial Court and submits that the plaintiff, on an earlier occasion sought an amendment of 1 (2004) 6 SCC 415 -6- NC: 2026:KHC:14902 W.P. No.5651/2022 HC-KAR the plaint which was allowed wherein the relief was sought that the sale deed dated 27.05.2013 is not binding on the plaintiff. On the said date, he was well aware about the execution of the sale deed in favour of defendant Nos.3 and 4 by the defendant No.1. However, the plaintiff failed to seek the relief with regard to the preferential right to purchase the suit schedule property and only in the year 2020, an application is filed which was barred by limitation and which has been rightly rejected by the Trial Court. Hence, he seeks to dismiss the petition.
4. I have heard the arguments of the learned counsel for the parties and meticulously perused the material available on record. I have given my anxious consideration to the submissions advanced on both the sides.
5. It is to be noticed that the petitioner filed O.S.No.1605/2013 seeking the relief of declaration that the plaintiff is the owner of the suit schedule 'B' property, -7- NC: 2026:KHC:14902 W.P. No.5651/2022 HC-KAR mandatory injunction to remove the illegal encroachments and handover the physical possession of the suit schedule 'B' property to the plaintiff and further relief of permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property. The records indicate that the plaintiff, on coming to know that the defendant No.1 has sold the suit 'C' schedule property in favour of defendant Nos.3 and 4, filed an application seeking for amendment of the plaint which came to be allowed and thereafter, the prayer number No.5 was added in the plaint i.e. the declaration that the sale deed dated 27.05.2013 executed by the defendant No.1 in favour of the defendant Nos.3 and 4 in respect of the suit schedule property, is not binding on the plaintiff. Therefore, the aforesaid fact makes it very clear that the plaintiff was well aware about the execution of the sale deed by the defendant No.1 in favour of the defendant Nos.3 and 4 in the year 2014 itself, when the amendment was allowed. Admittedly, the present -8- NC: 2026:KHC:14902 W.P. No.5651/2022 HC-KAR application was filed in the year 2020 seeking to amend the plaint and seeking the relief in the present proposed amendment is to the effect that the plaintiff intends to seek further relief to grant a decree for preferential right to purchase the suit schedule property shown in the plaint. Such a prayer, admittedly, is clearly barred by the law of limitation. Article 97 of the Limitation Act, 196, provides one year to enforce the right of pre-emption where the right is founded on law or general usage or on special contract. In the instant case, the plaintiff intends to seek the relief of right for pre-emption beyond the period of limitation. Consequently, considering the said aspect, the Trial Court has rightly rejected the application which does not call for any interference. The contention of the petitioner that in the said application, the plaintiff has sought certain other amendments and they are required to be allowed, also has no merit as the previous paragraphs in the application are in support of the prayer sought in the application. It is to be noticed that the judgment -9- NC: 2026:KHC:14902 W.P. No.5651/2022 HC-KAR relied on by the learned counsel for the petitioner has no application to the facts and circumstances of the case on hand. As the plaintiff was well aware of the execution of the sale deed in the year 2014 itself, and had filed an application seeking pre-emption of right in the year 2020 which is impermissible, even otherwise, it is to be noticed that the present application is filed after conclusion of the entire trial that too when the matter is posted for arguments. On this ground also, the application is liable to be rejected.
6. For the aforementioned reasons, I do not find any reason to interfere with the order passed by the Trial Court.
Accordingly, the petition is devoid of merits and is rejected.
Sd/-
(VIJAYKUMAR A. PATIL) JUDGE RV/List No.: 1 Sl No.: 36