Dismissed¶66

Shri U Nagaraj S/O. Siddamallappa v. Smt. Gangamma W/O. Thippeswamy

Karnataka HC19 Feb 2025WP/101000/2023

Case brief

AI extract

What is this about?

Additional written statement; Section 151 CPC; belated application; slept over rights; amendment introducing 'C' Schedule 13 items; I.A.No.7 rejected with Rs.500 cost; O.S.No.170/2019 partition suit Ballari; Article 227 certiorari; GM-CPC writ petition dismissed; defendants No.5 to 7; final arguments stage; Trial Court order upheld.

What did the court decide?

The application for filing an additional written statement was filed only at the stage when the matter was posted for final arguments of defendants No.5 to 7, after the amendment of 05-03-2020 and after the final arguments of the other parties had been heard. ¶61

Shri U Nagaraj S/O. Siddamallappa Vs Smt… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the Trial Court erred in rejecting I.A.No.7 by which defendants No.5 to 7 sought permission under Section 151 CPC to file an additional written statement after the amendment introducing Schedule 'C', the application having been made at a belated stage.

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Court's answer

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Ratio / Principle

There is no infirmity in the order passed by the Trial Court rejecting the application; the application was highly belated.

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Key takeaways

The petitioners, having slept over their rights, cannot claim a right to file an additional written statement contending that they have a case on merits.ratio¶61

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (Suraj Govindaraj, J.) — Writ petition under Article 227 of the Constitution of India seeking certiorari to quash the order dated 03-01-2023 of the Ist Additional Senior Civil Judge, Ballari in O.S.No.170/2019 (partition suit of Respondent No.1), whereby I.A.No.7 of defendants No.5 to 7 under Section 151 of the Code of Civil Procedure for permission to file an additional written statement was rejected with a cost of Rs.500/-. The 'C' Schedule of 13 items had been introduced by amendment allowed on 05-03-2020; evidence of both sides stood completed and final arguments of the plaintiff and defendants No.1 and 2 were heard on 13-10-2022; the application was filed only on 17-10-2022, when the matter was posted for final arguments of defendants No.5 to 7. The Court found no infirmity in the Trial Court's order: the application was highly belated, and the petitioners, having slept over their rights, could not claim a right to file an additional written statement merely because they had a case on merits. Petition dismissed.

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NC: 2025:KHC-D:3357 WP No. 101000 of 2023

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 101000 OF 2023 (GM-CPC)

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BETWEEN:

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SHRI U. NAGARAJ S/O. SIDDAMALLAPPA, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. JINNADAHATTY ROAD, KHANA HOSALLI, TQ: KUDALGI, DIST: BALLARI-583218.

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SHRI. U. SIDDAPPA S/O. SIDDAMALLAPPA, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. JINNADAHATTY ROAD, KHANA HOSALLI, TQ: KUDALGI, DIST: BALLARI-583218.

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GIRIJA A BYAHATTI

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SHRI. U. SHIVALINGAPPA S/O. SIDDAMALLAPPA AGE: 61 YEARS, OCC: AGRICULTURE, R/O. JINNADAHATTY ROAD, KHANA HOSALLI, TQ: KUDALGI, DIST: BALLARI-583218.

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…PETITIONERS

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Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:17:40 +0530

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(BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE)

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AND:

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SMT. GANGAMMA W/O. THIPPESWAMY, AGE: 68 YEARS, OCC: HOUSEWIFE, R/O. NEELAKANESHWARA NILAYA, INDIRA NAGAR, 1^ST CROSS, SRIRAMPURAM COLONY, DIST: BALLARI-583101.

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N.B. SHIVANNA S/O. BELLARY BASAPPA, AGE: 73 YEARS, OCC: AGRICULTURE,

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THIPPESH N.S. S/O. SHIVANNA AGE: 48 YEARS, OCC: AGRICULTURE,

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LOKESH N.S. S/O. SHIVANNA AGE: 45 YEARS, OCC: AGRICULTURE,

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VASANTHKUMAR S/O. SHIVANNA AGE: 40 YEARS, OCC: AGRICULTURE,

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AJITHKUMAR S/O. SHIVANNA AGE: 37 YEARS, OCC: AGRICULTURE,

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ALL ARE R/O. KHANA HOSAHALLI, TQ: KUDALGI, DIST: BALLARI-583218.

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6(a) SMT. POOJA W/O. LATE AJITKUMAR, AGE: 34 YEARS, OCC: HOUSEWIFE,

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6(b) NAKSHATRA D/O. LATE AJITKUMAR, AGE: 09 YEARS, OCC: STUDENT, ALL ARE 6^TH WARD, AT/PT: HOSAHALLI, TQ: KUDLIGI, DIST: VIJAYANAGAR-583218.

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(R/BY NATURAL GUARDIAN MOTHER I.E. RESPONDENT NO.6(a)

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AMENDED CARRIED OUT VIDE ORDER DATED 19/02.2025./

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SMT. SUMANGALAMMA W/O. MANJUNATH AGE: 56 YEARS, OCC: HOUSEWIFE, R/O. MARUTHI NAGAR, NEAR SHAKUNTALA HOSPITAL, RANEBENNUR, DIST: HAVERI-581115.

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RATHNAMMA W/O. THIPPESWAMY SINCE DECEASED BY LR

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H. THIPPESWAMY AGE: 76 YEARS, OCC: RETD. ENGINEER,

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3 - NC: 2025:KHC-D:3357 WP No. 101000 of 2023

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R/O. 4^TH CROSS, JCR EXTENSION, CHITRADURGA-577501.

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8(a) AJIT KUMAR S/O. THIPPESWAMY, AGE: 46 YEARS, OCC: EMPLOYEE,

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8(b) NALINI W/O. BHIMAPPA, AGE: 53 YEARS, OCC: EMPLOYEE,

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8(c) CHAITRA W/O. MANJUNATH,

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AGE: 50 YEARS, OCC: EMPLOYEE,

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ALL ARE R/O. H.NO.10, IIND MAIN,

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1^ST CROSS, TARALABALU JAGADGURU SHIVAKUMAR SHIVACHARYA LAYOUT, MEDEHALLI ROAD, CHITRADURGA-577502.

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AMENDED CARRIED OUT AS PER ORDER DATED 19/02/2025.

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SMT. SAVATHRI W/O. T. PRABHAKAR AGE: 58 YEARS, OCC: HOUSEWIFE, R/O. SUPRABHA NILAYA, EX-SERVICEMAN COLONY CB, BALLARI-583101.

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…RESPONDENTS

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(BY SRI. A, VEERANNA, ADVOCATE FOR R1, R3, R6, R7 & R8; R2, R4 & R5 ARE SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED ON I.A. NO.VII DATED 03/01/2023 BY IST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI IN O.S. NO.170/2019 VIDE ANNEXURE-E.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioners are before this Court seeking for the following reliefs:

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a) Issue the Writ in the nature of Certiorari by quashing the order passed on I.A. No.VII dated 03/01/2023 by Ist Additional Senior Civil Judge, Ballari in O.S. No.170/2019 vide Annexure-E in the interest of justice and equity.

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b) Pass any other writ, direction, order, relief which deems fit by this Hon’ble Court in the interest of justice and equity.

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Respondent No.1 had filed a suit in O.S.No.170/2019 before the Senior Civil Judge, Ballari, seeking for partition and separate possession. In the said suit, the plaintiff had filed an amendment application in I.A.No.2, which came to be allowed on 05-03-2020, by virtue of which ‘C’ Schedule property consisting of 13 items was introduced in the plaint schedule. Thereafter, the plaintiff led his evidence, plaintiff was cross-examined, defendants led evidence, defendants were cross-examined, and at that stage, defendants No.5 to 7 filed an application under

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5 - NC: 2025:KHC-D:3357 WP No. 101000 of 2023

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Section 151 of the Code of Civil Procedure, seeking permission to file an additional written statement. The said application in I.A.No.7 came to be rejected vide order dated 03-01-2023. It is challenging the same, the petitioners are before this Court.

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The submission of the petitioners is that, the plaint having been amended by introducing 13 properties in Schedule ‘C’, adequate opportunity is required to be granted to the petitioners - defendants No.5 to 7, to file an additional written statement.

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A perusal of the impugned order and the order sheet would indicate that, once the amendment was carried out, the matter was posted for filing of an additional written statement. The additional written statement not having been filed, it was taken as not filed and the matter was posted for evidence of the plaintiff. Evidence having been completed, crossexamination having been completed, the defendants also led evidence and were cross-examined, and it is

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at that stage, after the evidence being closed and the matter being posted for arguments on merits, on 13-10-2022, the arguments of the plaintiff and defendant Nos.1 and 2 were also heard and the matter was posted for arguments of defendants No.5 to 7, on 17-10-2022 the application for filing of an additional written statement came to be filed, and as such, the Trial Court rejected the application by imposing a cost of Rs.500/-.

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This being the sequence of events, the amendment having been carried out on 05-03-2020, it is at the stage when the matter was posted for final arguments of defendants No.5 to 7, the final arguments of other parties having been heard, that the said application came to be filed, I do not find any infirmity in the order passed by the Trial Court. The application was highly belated. The petitioners, having slept over their rights, cannot claim a right to

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NC: 2025:KHC-D:3357 WP No. 101000 of 2023

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file an additional written statement contending that

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they have a case on merits.

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