IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NOS.49675-681/2015 (GM-CPC) BETWEEN 1. SRI NARASIMHA MURTHY S/O. LATE KEMPAIAH AGED ABOUT 50 YEARS 2. SRI NAGARAJA S/O. LATE KEMPAIAH AGED ABOUT 44 YEARS 3. SRI GALAPPA S/O. LATE HANUMAIAH AGED ABOUT 68 YEARS 4. SMT. ARASAMMA W/O. LATE KEMPAIAH AGED ABOUT 73 YEARS [ 5. SMT. MUNNANARASAMMA W/O. GALAPPA D/O. LATE KEMPAIAH AGED ABOUT 53 YEARS PETITIONER NOS.1 TO 5 ARE R/AT MAYASANDRA VILLAGE CHIKKANAHALLI POST TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU DISTRICT-562 130 6. SMT. LAKSHMAMMA W/O. MADAIAH D/O. LATE KEMPAIAH AGED ABOUT 51 YEARS R/AT KARA CHUDAHALLI VILLAGE SOMANAHALLI POST UTTARAHALLI HOBLI-560 082 BENGALURU SOUTH TALUK 7. SMT. KAMALAMMA W/O. MARINANJAPPA D/O. LATE KEMPAIAH AGED ABOUT 46 YEARS, R/AT ANCHIPURA VILLAGE BYRAMANGALA POST BIDADI HOBLI-562 109 RAMANAGARA TALUK AND DISTRICT ... PETITIONERS (BY SRI HARISH KUMAR M.S., ADVOCATE) AND 1. SRI.HANUMAIAH AGED ABOUT 78 YEARS S/O. LATE CHIKKA NARASIMHAIAH 2. SRI NAGARAJU AGED ABOUT 58 YEARS S/O. LATE CHIKKA NARASIMHAIAH 3. SRI G. GUJJARAIAH SINCE DECEASED 3a. SRI GANGANARASAIAH S/O. LATE G. GUJJARAIAH AGED ABOUT 74 YEARS R/AT UDDANDAHALLI VILLAGE CHIKKANAHALLI POST BENGALURU SOUTH TALUK-562 130 3b. SMT. HONAMMA W/O. THIMMEGOWDA D/O. LATE G. GUJJARAIAH AGED ABOUT 71 YEARS R/AT GANDRAGULIPURA VILLAGE BUDIHALA POST, KASABA HOBLI BENGALURU NORTH TALUK -562 123 3c. SRI HANUMANTHAIAH S/O. LATE G. GUJJARAIAH AGED ABOUT 68 YEARS R/AT UDDANAHALLI VILLAGE CHIKKANAHALLI POST TAVAREKERE HOBLI BENGALURU SOUTH TALUK-562 130 3d. SMT. NARASAMMA W/O. GOVINDAPPA D/O. LATE G. GUJJARAIAH AGED ABOUT 66 YEARS R/AT GANDRAGULIPURA VILLAGE BUDIHALA POST, KASABA HOBLI BENGALURU NORTH TALUK-562123 3e. SRI CHIKKANNA S/O. LATE G. GUJJARAIAH AGED ABOUT 63 YEARS R/AT UDDANAHALLI VILLAGE CHIKKANAHALLI POST TAVAREKERE HOBLI BENGALURU SOUTH TALUK-562 130 4. SRI G. HANUMAIAH AGED ABOUT 91 YEARS S/O. GALI HANUMAIAH R/AT NO.18/1, 3RD C MAIN ROAD 9TH CROSS, SARAKKI J.P. NAGAR I PHASE BENGALURU-560 078 5. SMT. RAJAMMA W/O. LATE G. GUJJARAPPA AGED ABOUT 70 YEARS 6. SMT. JAYALAKSHMI D/O. LATE G. GUJJARAPPA AGED ABOUT 53 YEARS 7. SMT. HEMALATHA D/O. LATE G. GUJJARAPPA AGED ABOUT 53 YEARS RESPONDENT NOS.5 TO 7 ARE R/AT NO.24, 10TH MAIN D BLOCK, II STAGE RAJAJINAGAR BENGALURU-560 010 8. SRI B. A. NAGARAJA S/O. SRI AMARANARAYANA GUPTA AGED ABOUT 46 YEARS R/AT NO.6, VANI VILAS ROAD BASAVANAGUDI BENGALURU-560 004 9. SRI C. CHIKKANNA S/O. LATE CIKKAVEERAIAH AGED ABOUT 58 YEARS 10. SRI C. GUJJARAIAH S/O. LATE CHIKKAVEERAIAH MAJOR, AGE NOT KNOWN 11. SRI C. NARASIMHAMURTHY S/O. LATE CHIKKAVEERAIAH MAJOR, AGE NOT KNOWN 12. SRI C. HANUMANTHAIAH S/O. LATE CHIKKAVEERAIAH MAJOR, AGE NOT KNOWN 13. SRI C. GOPALA S/O. LATE CHIKKAVEERAIAH MAJOR, AGE NOT KNOWN RESPONDENT NOS.9 TO 13 ARE R/AT UDDANAHALLI VILLAGE CHIKKANAHALLI POST TAVAREKERE HOBLI BENGALURU SOUTH TALUK-562 130 ... RESPONDENTS (BY SRI C.M.MAGADI, ADVOCATE FOR SRI N. SHIVAKUMAR, ADVOCATE FOR R9 TO R13) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.10.2015 PASSED BY HON’BLE JUDGE IN O.S.NO.59/2014, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MAGADI (ANNEXURE-F) AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners being the plaintiffs in a declaratory suit in O.S.No.59/2014 are knocking at the doors of the Writ Court for assailing the order dated 26.10.2015, a copy whereof is at Annexure-F, whereby the learned Senior Civil Judge and JMFC, Magadi, having rejected petitioners’ application filed under Order VI Rule 17 of CPC, 1908 has denied leave to amend the plaint. After service of notice, the contesting respondents having entered appearance through their counsel, resist the Writ Petitions.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court grant indulgence in the matter because:
(a) the suit is for declaration and permanent injunction; the defendant Nos.9 & 10 were impleaded vide order dated 20.08.2014; the impleaded defendants filed their Written Statement on 18.09.2014 from which the petitioners learnt about the compromise decree dated 27.02.1998 granted in their O.S.No.75/1998; the subject application was filed on 20.11.2014 seeking leave to amend the pleadings; thus, there is absolutely no laches or delay on the part of the plaintiffs in seeking leave for such amendment; and, (b) the plaintiffs are more than justified in seeking amendment to their pleadings, since in the absence of the grounds and prayers now sought to be introduced by amendment, their suit runs arguably the risk of culminating in a diminished decree if not dismissal; thus there is an error apparent on the face of the impugned order; if the amendment is allowed, no much prejudice would be caused to the other side; the amendment is necessary for the complete adjudication of the lis especially when the suit has not much advanced in trial.
In the above circumstances, these Writ Petitions are favoured; the impugned order is set at naught; subject application filed under Order VI Rule 17 of CPC, 1908 having been allowed; petitioners shall file the amended plaint within four weeks whereupon, the respondent – defendants may file their Additional Written Statement within four weeks thereafter.
The learned trial Judge is requested to try & dispose off the suit preferably within a period of one year.
No costs.
Sd/- JUDGE KA