Nanjundegowda Vs Hanumanthegowda

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NC: 2026:KHC:10131 WP No. 33335 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33335 OF 2024 (GM-CPC)

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BETWEEN:

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NANJUNDEGOWDA AGED ABOUT 77 YEARS, S/O LATE AKKANNEGOWDA, R/O GULUVINA ATTHIGUPPE VILLAGE, HOSA AGRAHARA HOBLI, K R NAGAR TALUK, MYSORE DISTRICT - 571 601 REP. BY HIS ATTORNEY HOLDER, SRI MANJEGOWDA, AGED ABOUT 44 YEARS, S/O NANJUNDEGOWDA, R/O GULUVINA ATTHIGUPPE VILLAGE, HOSA AGRAHARA HOBLI, K R NAGAR TALUK, MYSORE DISTRICT - 571 601.

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…PETITIONER

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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(BY SRI. NAGARAJA REDDY D., ADVOCATE)

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AND:

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HANUMANTHEGOWDA AGED ABOUT 61 YEARS, S/O NINGEGOWDA,

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RAMESH AGED ABOUT 36 YEARS, S/O HANUMANTHEGOWDA,

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MAHESHA AGED ABOUT 32 YEARS, S/O HANUMANTHEGOWDA,

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R/AT GULIVINA ATTHIGUPPE VILLAGE

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NC: 2026:KHC:10131 WP No. 33335 of 2024

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HC-KAR

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HOSA AGRAHARA HOBLI, K R NAGAR TALUK, MYSORE DISTRICT - 571 601

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…RESPONDENTS

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(BY SRI. VIJAY A M., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE ORDER DATED 01.10.2024 PASSED ON THE APPLICATION I.A.NO.12 PASSED BY THE HONORABLE CIVIL JUDGE AND JMFC, K.R. NAGAR IN O.S.NO.181/2018, AS PER ANNEXURE-A.

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

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by the plaintiff in O.S.No.181/2018 on the file of Civil Judge and JMFC, K.R.Nagar, is directed against the impugned order dated 01.10.2024, whereby the application filed by the petitioner seeking amendment by incorporating additional prayers was rejected by the trial Court.

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Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

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A perusal of the material on record will indicate that in the aforesaid suit filed by the petitioner-plaintiff against the respondents-defendants for declaration, permanent injunction and

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3 - NC: 2026:KHC:10131 WP No. 33335 of 2024

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HC-KAR

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other reliefs in relation to the suit schedule immovable property, after commencement of trial, the petitioner-plaintiff filed the instant application seeking amendment of the prayer column to the petition. The said application having been opposed by the respondents, the trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which, the petitioner is before this Court by way of the present petition.

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In my considered opinion, the impugned order is contrary to the principles governing amendment of pleadings as held by the Hon’ble Apex Court in the case of LIC v. Sanjeev Builders (P) Ltd. - (2022) 16 SCC 1 and a co-ordinate Bench of this Court at Dharwad Bench in the case of Shri Mohammadrafi and Anr., Vs. Bandenawaz and Ors – W.P.108512/2025 dated 16.12.2025.

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In view of the judgment of the Hon’ble Apex Court in the case of Sampath Kumar Vs. Ayyakannu and Ors. – AIR 2002 SC 3369 and LC Hanumanthappa v. HB Shivakumar - AIR 2015 SC 3364, the proper course of action would be to allow the amendment by directing that the proposed amendment shall not relate back to the date of the suit but shall be reckoned/considered

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NC: 2026:KHC:10131 WP No. 33335 of 2024

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HC-KAR

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from the date of the application having been filed 05.01.2024 by leaving open the question of limitation to be decided by the trial Court along with other issues in the suit.

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Under these circumstances, I deem it just and appropriate to set aside the impugned order and dispose of I.A.No.12/2024 filed by the petitioner-plaintiff and allow and dispose of the I.A.No.12/2024 by issuing certain directions.

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In the result, I pass the following:

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ORDER

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i) The petition is hereby allowed.

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ii) The impugned order dated 01.10.2024 in

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O.S.No.181/2018 on the file of the Civil Judge and JMFC., K.R.Nagar, is hereby set aside.

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iii) I.A.No.12/2024 filed by the petitioner-plaintiff is hereby allowed subject to the condition that the entire proposed amendment shall not relate back to the date of the suit, but shall be reckoned/considered from the date of the amendment application being filed on 05.01.2024 and by leaving open the

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