Writ petition to quash order rejecting plaint amendment in partition suit. High Court set aside order, allowed amendment, and directed cooperation for early disposal.
Impugned order set aside; I.A. No.25 allowed; petitioners directed to amend plaint forthwith and pay costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 101849 OF 2023 (GM-CPC)
BETWEEN:
…PETITIONERS
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
AND:
( BY SMT. SANJANA S. MUDHOL, ADV. FOR SRI SHIVASAI P. MUDHOL & SRI ANAND D. BAGEWADI & SRI SHIVANAND MALASHETTI, ADVOCATES)
TALUK: GOKAK, DIST: BELAGAVI-591218.
TALUK: GOKAK, DIST: BELAGAVI-591218.
…RESPONDENTS
(BY SRI. G.B. NAIK & P.G. NAIK, ADVOCATES FOR R1; SRI. CHETAN MUNNOLI & SMT. SURABHI KULKARNI, ADVOCATES FOR R2;
SRI. SANTOSH S. HATTIKATAGI, ADV. FOR R10; SRI. C.S. SHETTAR & KAVYA C.S. SHETTAR, ADVOCATES FOR R15;
SRI. PAVAN B. DODDATTI, ADV. FOR R11 TO R14; NOTICE TO R3 TO R9 & R16 TO R19 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 10/02/2023 ON I.A.NO.25 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE GOKAK IN O.S.NO.365/2013 PRODUCED AND MARKED AS ANNEXURE-A AND TO ALLOW THE I.A.NO.25 BY ALLOWING THIS WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Aggrieved by the order dated 10.02.2023, passed on I.A.No.25 in O.S.No.365/2013 by the I Additional Senior Civil Judge Gokak, the applicant therein has preferred this writ petition.
filed by the petitioners herein before the trial Court may be allowed, but the petitioners may be directed to cooperate for early disposal of the case.
ORDER
iii. The petitioners shall amend the plaint and file amended plaint before the trial Court forthwith and they shall lead necessary evidence and present themselves for crossexamination without seeking any adjournment before the trial Court and shall cooperate for early disposal of the case.
iv. The petitioners are also directed to pay cost of Rs.1,000/- each to respondents No.1, 2, 10, 14 and 15, by the next date of hearing before the trial Court.
Sd/JUDGE
gab/ct-mck List No.: 1 Sl No.: 54
1 issue framed by the court
Whether the impugned order rejecting application for amendment of plaint due to delay and attempt to protract proceedings should be quashed.
Ramya D/o. Basavaraj Neginhal & Ors.
Mallikarjun S/o. Bhimappa Irappagol & Ors.
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
