Karnataka High Court
Sri Maheshappa S/O Shivappa Vardi vs Sri Vijaykumar S/O Mallikarjun Kandali on 28 May, 2024
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NC: 2024:KHC-D:7078
WP No. 101007 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 101007 OF 2023 (GM-CPC)
BETWEEN:
1. SRI MAHESHAPPA S/O. SHIVAPPA VARDI,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. KHURDHAKODIHALLI,
TAL: BYADGI, DIST: HAVERI-581106.
2. SIDDAPPA S/O SHIVAPPA VARDI
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O: KHURDHAKODIHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
3. SMT. JAYAVVA
W/O DILLEPPA JAGALIKOPPA @ BEERANNANAVAR
AGE: 32 YEARS, OCC: HOUSEHOLD WORK,
R/O: KHURDHAKODIHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
4. SMT. SANKAVVA S/O SHIVAPPA VARDI
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O: KHURDHAKODIHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
BHARATHI
HM
5. SMT. MAHADEVAKKA
Digitally signed by W/O HANUMANTAPPA ARALIKATTI
BHARATHI H M
Location: HIGH
COURT OF
AGE: 57 YEARS,
KARNATAKA,
DHARWAD BENCH OCC: AGRICULTURE & HOUSEHOLD WORK,
R/O: KHURDHAKODIHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
6. SRI. HANUMANTAPPA S/O FAKKIRAPPA KANAVALLI
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: KHURDHAKODIHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
7. SRI. KARIYAPPA S/O DILLEAPPA KANAVALLI
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
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WP No. 101007 of 2023
8. SRI. GUDDAPPA
S/O DILLEAPPA KANAVALLI
AGE: 37 YEARS, OCC: AGRICULTURE
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
9. SRI. HANUMANTAPPA
S/O DILLEAPPA KANAVALLI
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
10. SRI. HANUMANTAPPA
S/O HUDDAPPA SANKANNANAVAR
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
11. SMT. KAMAKSHI W/O SOMAPPA IRANI
AGE: 35 YEARS, OCC: COOLIE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
12. SMT. JAYAMMA
W/O SHIVANAGAPPA KANAVALLI
AGE: 32 YEARS, OCC: HOUSEHOLD WORK,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
RAMAPPA M. HARLAPUR,
SINCE DECEASED BY HIS LR'S.
13. KUMARI NEELAVVA D/O SHIVAPPA HARLAPUR
AGE: 21 YEARS, OCC: COOLIE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
14. KUMARI SANGEETA D/O SHIVAPPA HARLAPUR
AGE: 19 YEARS, OCC: STUDENT,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
15. KUMARI KEERTI D/O SHIVAPPA HARLAPUR
AGE: 17 YEARS, OCC: STUDENT,
SINCE MINOR, REPRESENTED BY MINOR
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WP No. 101007 of 2023
GUARDIAN I.E., PETITIONER NO.14
16. KUMARI SUMA D/O SHANKRAPPA HARLAPUR
AGE: 19 YEARS, OCC: HOUSEHOLD WORK,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
17. KUMAR VINAY S/O SHANKRAPPA HARLAPUR
AGE: 17 YEARS, OCC: STUDENT,
SINCE MINOR, REPRESENTED BY MINOR
GUARDIAN I.E., PETITIONER NO. 19.
18. SMT. SHIVABASAVVA W/O SHAKRAPPA HARLAPUR
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
19. SRI. SHOBHA W/O HANUMANTAPPA KANAVALLI
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
20. SMT. MANJAVVA W/O NAGAPPA CHAKAPUR
AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
21. SMT. GANGAMALAVVA
W/O NEELAPPA HORASANNANAVAR
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
22. SMT. RATNAVVA
W/O MALLAPPA KURUDANNANAVAR
AGE: 59 YEARS, OCC: HOUSEHOLD WORK,
R/O: MEDLERI, TAL: RANEBENNUR,
DIST: HAVERI - 581115.
23. SMT. PARAVVA W/O IRAPPA KOUDAKERI
AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
R/O: BALLARI, NOW RESIDING AT
AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
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WP No. 101007 of 2023
24. SMT. GIRIJAVVA
W/O HEGGAPPA KANNAMMANAVAR
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
25. SMT. RENUKA W/O RAMESHAPPA VALAD
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O: KARJAGI, TAL: HAVERI,
DIST: HAVERI - 581112.
26. SMT. DURUGAMMA
W/O GUDDAPPA KANAVALLI
AGE: 72 YEARS, OCC: HOUSEHOLD WORK,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
27. SRI. PUTTAPPA S/O GUDDAPPA KANAVALLI
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
28. SRI. TIPPANNA S/O GUDDAPPA KANAVALLI
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
29. SRI. NAGAPPA S/O GUDDAPPA KANAVALLI
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
30. SRI. NINGAPPA S/O GUDDAPPA KANAVALLI
AGE: 47 YEARS, OCC: AGRICULTURE AND JOB,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
31. SRI. BEERAPPA S/O GUDDAPPA KANAVALLI
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
32. SRI. MAILARNINGAPPA S/O GUDDAPPA KANAVALLI
AGE: 45 YEARS, OCC: AGRICULTURE AND JOB,
R/O: SHIGGAON POLICE STATION, TAL: BYADGI,
DIST: HAVERI-581106.
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WP No. 101007 of 2023
33. SRI. MAHADEVAPPA S/O GUDDAPPA KANAVALLI
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: AGASANAHALLI, TAL: BYADGI,
DIST: HAVERI - 581106.
34. SMT. SHIVAKKA W/O GUDDAPPA GUTTAL
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
R/O: HUNASIKATTI, TAL: RANEBENNUR,
DIST: HAVERI - 581115.
...PETITIONERS
(BY SMT. PALLAVI S. PACHHAPURE, ADVOCATE)
AND:
1. SRI VIJAYKUMAR
S/O. MALLIKARJUN KANDALI,
AGE: 37 YEARS, OCC: JOB,
R/O. CHIKKABUDIHAL,
TQ: HIREKERUR,
NOW RESIDING AT KATAGARA ONI,
BYADGI, DIST: HAVERI-581106.
2. SMT. RATNAVVA
W/O MALLIKARJUN KANDALI
AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
R/O: CHIKKABUDIHAL, TAL: HIREKERUR,
NOW RESIDING AT KATAGARA ONI, BYADGI,
DIST: HAVERI - 581106.
SMT. GANGAVVA
W/O PUTTAPPA HONAKERI
SINCE DECEASED BY HER L.R'S
3. SMT. HIRIYAKKA
W/O LAKSHMAN JIGALKOPPA
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O: MUTTUR, TAL: BYADAGI,
DIST: HAVERI - 581106.
4. SRI. HANUMANTHAPPA
S/O PUTTAPPA HONAKERI
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: KHURD KODIHALLI, TAL: BYADAGI,
DIST: HAVERI - 581106.
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WP No. 101007 of 2023
5. SRI. MADEVAPPA
S/O PUTTAPPA HONAKERI
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: KHURD KODIHALLI, TAL: BYADAGI,
DIST: HAVERI - 581106.
6. SMT. SAVAKKA
W/O SHEKHAPPA BHARADI
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O: KHURD KODIHALLI, TAL: BYADAGI,
DIST: HAVERI - 581106.
7. SRI. MANJAPPA
S/O PUTTAPPA HONAKERI
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: KHURD KODIHALLI, TAL: BYADAGI,
DIST: HAVERI - 581106.
8. SRI. MALATESH
S/O PUTTAPPA HONAKERI
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: KHURD KODIHALLI, TAL: BYADAGI,
DIST: HAVERI - 581106.
...RESPONDENTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R1
NOTICE TO R1-R5 & R7, R8 IS SERVED;
R6 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER DATED 22/08/2022
PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, BYADAGI ON
I.A.NO.3 IN O.S.NO.92/2015 MARKED AT ANNEXURE-A;
CONSEQUENTLY ALLOW THE I.A.NO.3 FILED UNDER ORDER 6 RULE
17 OF CPC MARKED AT ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 101007 of 2023
ORDER
The captioned writ petition is filed by the plaintiffs
assailing the order passed by the trial court on I.A.No.3
filed under Order 6 Rule 17 of CPC.
2. The present petitioners/plaintiffs filed the suit
for declaration and consequential relief of injunction. The
defendants are resisting the suit by asserting title through
Savakka. Defendants have also contended that Savakka
has transferred the property in their favour by
relinquishment deed dated 03.04.2009.
3. It is borne out from the records that petitioners'
suit was dismissed. Assailing the judgment and decree,
the plaintiffs preferred an appeal before the appellate
court in R.A.No.2/2020. The appellate court has remanded
the matter to the trial court to enable the parties to lead
evidence. A direction was also issued to dispose of the suit
within a period of six months.
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4. Heard the learned counsel for the
petitioners/plaintiffs, learned counsel for
respondents/defendants and perused the material on
record.
5. The defendants are resisting the suit by
claiming title over the property in question based on a
relinquishment deed. By the proposed amendment, the
plaintiffs now virtually intend to introduce a new case to
contend that Savakka was not in a sound state of mind,
which is evident from para 10(a) of the proposed
amendment. At para 10(c), the plaintiffs are disputing the
signature of Savakka, which was never disputed in the
plaint. An alternative relief is also sought by the plaintiffs
by setting up a plea of adverse possession. The proposed
amendment is found to be too lengthy and the pleadings
by way of proposed amendment are found to be in conflict
to the original pleadings in the plaint.
6. On meticulous examination of the material on
record, this court is more than satisfied that plaintiffs
NC: 2024:KHC-D:7078
intend to fill-up the lacuna and an attempt is made to
introduce a new case. The learned Judge has given
anxious consideration and has assigned valid reasons
while rejecting the application. The proposed amendment
seriously prejudice the defendants defence. This court has
also taken cognizance of the fact that an attempt is made
to amend the plaint after remand by the appellate court.
The proposed amendment not only displaces the
defendants defence, but an attempt is made to drag on
the matter. These significant details are noticed by the
learned Judge and the learned Judge was justified in
holding that the petitioners with the proposed amendment
intend to protract the hearing of the suit. I do not find any
error in the order under challenge.
7. Accordingly, the writ petition is dismissed.
Sd/-
JUDGE
MBS
Ct-mck
