Full Judgment Text
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NC: 2026:KHC-D:5336
WP No. 102597 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
TH
DATED THIS THE 9 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.102597 OF 2026 (GM-CPC)
BETWEEN:
MR. GOPAL S/O. GURUNATHSA KHODE,
AGE. 62 YEARS, OCC. BUSINESS,
R/O. CHITAGUPPI PARK, PINTA ROAD,
TQ. HUBBALLI, DIST. HUBBALLI-580020.
…PETITIONER
(BY SRI. PRASHANT S.KADADEVAR, ADVOCATE)
AND:
1.
MR. KANTARAO
S/O. SHANTAYYA ULLAJI,
SINCE DECEASED BY HIS LRS
SMT. MARY VICTORIA
W/O KANTARAO ULLAJI,
AGE. 50 YEARS, OCC. HOUSEWIFE,
R/O. #04, OPP TO KANNADA SCHOOL,
GANDHIWADA, GADAG ROAD,
HUBBALLI-580020.
2. SONAL
W/O. T. SUNNYDEL,
AGE. 26 YEARS, OCC. HOUSEWIFE,
R/O. #04, OPP TO KANNADA SCHOOL,
GANDHIWADA, GADAG ROAD,
HUBBALLI-580020.
Digitally signed by
MOHANKUMAR B
SHELAR
Location: HIGH
COURT OF
KARNATAKA
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3. SHINY
S/O. KANTARAO ULLAJI,
AGE. 26 YEARS, OCC. STUDENT,
R/O. #04, OPP TO KANNADA SCHOOL,
GANDHIWADA, GADAG ROAD,
HUBBALLI-580020.
4. OSCAR
S/O. KANTARAO ULLAJI,
AGE. 26 YEARS, OCC. STUDENT,
R/O. #04, OPP TO KANNADA SCHOOL,
GANDHIWADA, GADAG ROAD,
HUBBALLI-580020.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRYAING TO I. ISSUE A WRIT IN
THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER
DATED 27.02.2026 PASSED BY THE COURT OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., HUBBALLI ON
I.A. NO.9 IN O.S. NO.193/2019 (VIDE ANNEXURE-H), IN THE
INTEREST OF JUSTICE AND EQUITY. II. ISSUE ANY OTHER
APPROPRIATE WRIT, ORDER, OR DIRECTION AS THIS HON’BLE
COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
The petitioner filed this writ petition challenging the
order on I.A.No.9 dated 27.02.2026 passed in O.S.No.
193/2019 on the file of learned III Additional Senior Civil
Judge and JMFC, Hubballi.
2. Brief facts, leading rise to the filing of this
petition are as follows:
The respondents filed an application for amendment to
the plaint in I.A.No.7. The said application came to be
allowed vide order dated 23.05.2023. The respondents
could not carryout the amendment in the original plaint. The
respondents filed an application in I.A.No.9 under Section
151 of CPC seeking an extension to carryout amendment as
per order dated 23.05.2023 on I.A.No.7. The said
application was opposed by the petitioner by filing the
objections. The trial Court, after hearing the learned counsel
for the parties, allowed the application on cost of Rs.500/-
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and permitted the respondents to carryout the necessary
amendment as per the order passed on I.A.No.7 dated
23.05.2023. The petitioner aggrieved by the same, has filed
this writ petition.
3. Heard the arguments of the learned counsel for
the petitioner.
4. Learned counsel for the petitioner submits that
I.A.No.7 came to be allowed on 23.05.2023, thereafter the
petitioner filed I.A.No.8 for framing additional issue.
Thereafter, filing an application in I.A.No.8, the respondents
filed I.A.No.9 seeking extension of time to carry out
necessary amendment in the cause title. The said
application is filed only with an intention to protract the
proceeding. Hence, the trial Court, without considering the
said aspect, has committed an error by passing impugned
order. Hence, on these grounds, he prays to allow the writ
petition.
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5. Perused the records and considered the
submissions of the learned counsel for the parties.
6. The respondents filed an application for
amendment to the plaint in I.A.No.7. The said application
came to be allowed vide order dated 23.05.2023. The
respondents were supposed to carryout necessary
amendment within 14 days from the date of passing an
order as per Order VII Rule 18 of CPC. If the party fails to
carryout necessary amendment within 14 days from the
date of order, unless the Court extends the time for
carrying out necessary amendment. Admittedly, the
respondents have filed an application for extension of time
to carryout necessary amendment in the plaint as per the
order dated 23.05.2023. The trial Court has extended the
time for carrying out necessary amendment. The petitioner
has not challenged the order passed on I.A.No.7. The
petitioner has raised hyper technical issue. The respondents
have shown reasons for not carrying out necessary
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amendment in the cause title. The trial Court has rightly
accepted the reasons for not carrying out necessary
amendment in the plaint and rightly allowed the application
in I.A.No.7. Hence, I do not find any error in the impugned
order.
7. Accordingly, I proceed to pass the following:
ORDER
dismissed
The writ petition is .
Pending application/s, if any, stand disposed of.
Sd/-
(ASHOK S. KINAGI)
JUDGE
SSB
CT: UMD