Dismissed¶35

Sri Kempanna M v. Sri H Siddalingappa @ Siddalingaiah

Karnataka HC21 Jan 2026WP/34369/2018

Case brief

AI extract

What is this about?

Karnataka High Court Bengaluru; WP No. 34369 of 2018 (GM-CPC); Article 227 Constitution of India; amendment of plaint; IA No.5; O.S. 5817/2013; V Additional City Civil Judge Bengaluru; order DTD 16.7.2018 Annexure-E; petition dismissed with liberty; withdrawal with liberty to seek amendment; addition of prayers for declaration and possession; challenge to title; order dated 05.08.2024 recalled; rights and contentions left open before Trial Court; all pending applications closed; Kempanna M v. H Siddalingappa @ Siddalingaiah and Padma.

What did the court decide?

Petition dismissed with liberty as prayed for — liberty to file an appropriate application for amendment before the learned Trial Court; rights and contentions of both parties left open before the Trial Court; all pending applications closed. ¶35

Sri Kempanna M Vs Sri H Siddalingappa @… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 16.7.2018 passed by the Court of V Additional City Civil Judge, Bengaluru on IA No.5 in O.S.No.5817/2013 (Annexure-E) should be quashed and IA No.5 consequently allowed, permitting the petitioner/plaintiff to amend the plaint.

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Court's answer

The writ petition is dismissed with liberty as prayed for, i.e., liberty to file an appropriate application for amendment before the learned Trial Court rather than pursue the challenge to the 16.7.2018 order.

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Ratio / Principle

The Court recalled its earlier order dated 05.08.2024, given the order it proposed to pass that day.

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Key takeaways

It is clarified that the rights and contentions of both parties shall be left open to be agitated before the learned Trial Court.obiter¶35
All pending applications stand closed.ratio¶36

Detailed headnote1 paragraphs

Karnataka HC at Bengaluru — WRIT PETITION NO. 34369 OF 2018 (GM-CPC), filed under Article 227 of the Constitution of India by the plaintiff in O.S. 5817/2013, seeking to quash the order DTD 16.7.2018 of the Court of V Additional City Civil Judge, Bengaluru on IA No.5 (Annexure-E) and consequently to allow IA No.5 permitting amendment of the plaint. After some arguments, counsel for the petitioner submitted she would instead file an appropriate application for amendment before the learned Trial Court seeking addition of prayers for declaration as well as possession, title having been challenged, and sought to withdraw the petition with liberty. The Hon'ble Ms. Justice Tara Vitasta Ganju (single-judge bench) recalled the Court's earlier order dated 05.08.2024, dismissed the petition with liberty as prayed for, clarified that the rights and contentions of both parties remain open to be agitated before the learned Trial Court, and closed all pending applications. The impugned trial-court order therefore stands unquashed; no merits of the amendment question were adjudicated by this Court.

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NC: 2026:KHC:3419 WP No. 34369 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

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WRIT PETITION NO. 34369 OF 2018 (GM-CPC)

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BETWEEN:

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SRI. KEMPANNA.M S/O. MUTHAPPA, R/AT NO. 150/1, NELAGADARANAHALLI, NAGASANDRA POST, BENGLAURU 560073.

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(PLAINTIFF IN O.S NO. 5817/2013)

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…PETITIONER

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(BY SMT. VAIBAVI., ADVOCATE FOR SRI. K.S.NARAYANASWAMY., ADVOCATE)

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AND:

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SRI H SIDDALINGAPPA @ SIDDALINGAIAH S/O. NOT KNOWN, R/AT NO. 30, 2ND CLROSS, NEAR CHAKRA GLASS FACTORY, NELAGADARANAHALLI, NAGASANDRA POST, BEGALORE – 560 073

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SMT. PADMA W/O. SRI. H SIDDALINGAPPA @ SIDDALINGAIAH, R/AT NO.30, 2^ND CROSS, NEAR CHAKRA GLASS FACTORY,

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NC: 2026:KHC:3419 WP No. 34369 of 2018

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HC-KAR

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NELAGADARANAHALLI, NAGASANDRA POST, BENGLAURU 560073

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…RESPONDENTS

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(BY SRI. H.E.KRISHNAPPA., ADVOCATE FOR R1 & R2)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD16.7.2018 PASSED BY THE COURT OF V ADDITIONAL CITY CIVIL JUDGE, BENGALURU ON IA NO.5 IN O.S.NO.5817/2013 VIDE ANNEXURE-ECONSEQUENTLY ALLOW IA NO.5 BY PERMITTING THE PETITIONER/PLAITIFF TO AMEND THE PLAINT.

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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 MS. JUSTICE TARA VITASTA GANJU

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ORAL ORDER

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Given the order that the Court proposes to pass today, the

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order dated 05.08.2024 is recalled.

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After some arguments, learned counsel for the petitioner submits that she will be filing an appropriate application for amendment before the learned Trial Court seeking addition of prayers for declaration as well as possession, in view of the fact that challenge has been made to the title of the petitioner.

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Learned counsel thus submits that she may be permitted to

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NC: 2026:KHC:3419 WP No. 34369 of 2018

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HC-KAR

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withdraw this petition with the liberty to file an appropriate application for amendment.

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The petition is dismissed with liberty as prayed for. It is however clarified that rights and contentions of both the parties shall be left open to be agitated before the learned Trial Court.

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All pending applications stand closed.

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Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA (TARA VITASTA GANJU) JUDGE

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SNB

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List No.: 1 Sl No.: 2

Sri Kempanna M v. Sri H Siddalingappa @ Siddalingaiah

Case brief

What is this about?

What did the court decide?

Sri Kempanna M v. Sri H Siddalingappa @ Siddalingaiah

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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