Dismissed

Sri. Anwar Sab S/O Allauddin Sab Chandragi v. Sri. Mahammed Gouse S/O Mahaboobsab Zandsewale

Karnataka HC9 Feb 2024WP/100384/2024

Case brief

AI extract

What is this about?

The Writ Petition filed under Article 227 sought to quash an order rejecting an application for amendment to plead additional evidence. The High Court dismissed the petition, holding that the affidavit failed to disclose compliance with the proviso to Order VI Rule 17 CPC, changes the nature of the suit, and thus interference was not warranted.

What did the court decide?

The writ petition seeking to quash the impugned order was dismissed.

Sri. Anwar Sab S/O Allauddin Sab Chandragi… — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC-D:3041 WP No. 100384 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100384 OF 2024 (GM-CPC)

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BETWEEN:

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SRI. ANWAR SAB S/O ALLAUDDIN SAB CHANDRAGI AGE 61 YEARS, OCC. AGRICULTURE, R/O BANKAPUR ROAD, MUNDGOD, U K DISTRICT, BY HIS GPA HOLDER SRI NISAR AHAMED S/O ANWAR SAB CHANDRAGI AGE 32 YEARS, OCC. AGRICUTLURE R/O MUNDGOD, UK DISTRICT, …PETITIONER

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(BY SRI. S G KADADAKATTI.,ADVOCATE)

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AND:

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YASHAVANT NARAYANKAR Digitally signed byYASHAVANT NARAYANKAR Date: 2024.02.15 15:11:13 +0530

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SRI. MAHAMMED GOUSE S/O MAHABOOBSAB ZANDSEWALE AGE 66 YEARS, OCC. AGRICUTLURE COOLIE, R/O NOORANIGALLI, MUNDGOD 581349 U K DISTRICT

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SRI ABDUL RASHEED S/O MAHABOOBSAB ZANDEWALE AGE 58 YEARS, OCC. AGRICULTURE COOLIE R/O KARWAR ROAD, MAKANGALLI YALLAPUR 581359 UK DISTRICT

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SRI MUSTAK AHAMMED S/O MAHABOOBSAB ZANDEWALE

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- 2 - NC: 2024:KHC-D:3041 WP No. 100384 of 2024

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AGE 48 YEARS, OCC. AGRICULTURE COOLE, R/O NOORANIGALLI, MUNDGOD UK DISTRICT-581349.

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SMT MRIYAMBI W/O MAKBUL AHAMAD ALUR, AGE 51 YEARS, OCC. HOUSEEHOLD R/O MARKAMBA NAGAR, MUNDGOD, UK DISTRICT-581349.

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SRI NISARAHAMAD S/O MOODINSAB ZANDEWALE AGE 25 YEARS, OCC. AGRICULTURE COOLIE R/O NOORANINGALLI, MUNDGOD, UK DISTRICT-581349.

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SRI MAHAMMADJAVED S/O MOODINSAB ZANDEWALE AGE 22 YEARS, OCC. AGRICULTURE R/O NOORANINGALLI, MUNDGOD, UK DISTRICT-581349.

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SRI ALEHASAN S/O MOODINSAB ZANDEWALE AGE 21 YEARS, OCC. AGRICULTURE R/O NOORANINGALLI, MUNDGOD, UK DISTRICT-581349.

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SMT SHAMEEMBANU W/O MAKOOLAHMMED ZANDEWALE AGE 46 YEARS, OCC. HOUSEHOLD WORK R/O NOORANINGALLI, MUNDGOD, UK DISTRICT-581349.

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SRI ISMAIAL S/O MOODINSAB ZANDEWALE AGE 28 YEARS, OCC. AGRICULTURE R/O NOORANINGALLI, MUNDGOD, UK DISTRICT-581349.

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SRI JAFARAAHAMMED S/O MAKBOOLAHAMMED ZANDEWALE

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3 - NC: 2024:KHC-D:3041 WP No. 100384 of 2024

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AGE 27 YEARS, OCC. AGRICULTURE COOLIE R/O NOORANINGALLI, MUNDGOD, UK DISTRICT-581349.

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…RESPONDENTS

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(NOTICE TO RESPONDENTS IS D/W)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI AND TO QUASH THE ORDER DATED 28.07.2023, PASSED ON IA NO.VI IN OS NO.40/2016, ON THE FILE OF THE CIVIL JUDGE AND JMFC MUNDAGOD, VIDE ANNEXURE-E, BY ALLOWING THE WRIT PETITION WHICH WOULD MEET THE ENDS OF JUSTICE AND EQUITY AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Notice to respondents is dispensed with, in view of the proposed order to be passed.

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The petitioner is before this Court seeking for the following reliefs:

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a. Issue a writ in the nature of certiorari and to quash the order dated 28.07.2023, passed on I.A.No.VI in OS.No.40/2016, on the file of the Civil Judge and JMFC Mundagod, vide Annexure-E by allowing the writ petition which would meet the ends of the justice and equity.

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b. Issue any other appropriate writ, order/s or direction as this Hon’ble Court deem fit in the facts and circumstances of the case.

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The petitioner who is the plaintiff in OS No.40/2016

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had filed IA No.6 under Order VI Rule 17 after

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4 - NC: 2024:KHC-D:3041 WP No. 100384 of 2024

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evidence had been completed and the matter was posted for arguments which came to be rejected vide order dated 28.7.2023. It is challenging the same, that the petitioner is before this Court seeking for the aforesaid reliefs.

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An affidavit in support of the said application does not disclose compliance with the proviso to Rule 17 of order VI. There is no reason provided in the said affidavit as to why, despite due diligence, the plaintiff could not seek for such amendment prior to commencement of evidence.

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This ground alone would have been sufficient to dismiss the said application. However, the trial Court has considered and opined that the amendment would also change the nature of the suit. For both reasons the impugned order is not required to be interfered with. The petition stands dismissed at the stage of admission itself.

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List No.: 1 Sl No.: 37

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Sd/JUDGE

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Sri. Anwar Sab S/O Allauddin Sab Chandragi v. Sri. Mahammed Gouse S/O Mahaboobsab Zandsewale

Case brief

What is this about?

What did the court decide?

Sri. Anwar Sab S/O Allauddin Sab Chandragi v. Sri. Mahammed Gouse S/O Mahaboobsab Zandsewale

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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