Karnataka High Court
Sangavva Kaladagi vs Shantawwa Sajjan on 5 February, 2020
Equivalent citations: AIRONLINE 2020 KAR 274, 2020 (2) AKR 321
Author: S G Pandit
Bench: S.G. Pandit
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
Dated this the 5th day of February 2020
Before
THE HON'BLE MR.JUSTICE S.G. PANDIT
Writ Petition No.110074 of 2019 (GM-CPC)
BETWEEN
1. SANGAVVA KALADAGI
W/O VEERABHADRAPPA
AGE:76 YEARS, OCC:HOUSEHOLD,
R/O NEAR SHARANABASAVESHWARA
TEMPLE, DANDAPUR, NARAGUND,
DIST:GADAG
2. LALITHA SAJJAN
W/O DEVENDRAPPA
AGE:61 YEARS, OCC:HOUSEHOLD,
R/O:HALAGERI,
DIST:KOPPAL
3. VEERANNA @ IRANNA KALADAGI
S/O VEERABHADRAPPA
AGE:51 YEARS, OCC:AGRICULTURE,
R/O NEAR SHARANABASAVESHWARA TEMPLE,
NARAGUND, DANDAPUR
DIST:GADAG
4. GANGAVVA SAJJAN
W/OSHIVAPPA
AGE:48 YEARS, OCC:HOUSEHOLD,
R/O MALLAPUR, TQ:RON,
DIST:GADAG
MALLIKARJUN VEERABHADRAPPA KALADAGI
2
SINCE DECEASED BY HIS LRS
5. SMT.HEMA KALADAGI,
W/O MALLIKARJUN
AGE:36 YEARS, OCC:HOUSEHOLD,
R/O NEAR SHARANABASAVESHWAR
TEMPLE, DANDAPUR,
TQ:NARAGUND,
DIST:GADAG
6. KUMARI RAKSHITA KALADAGI
D/O MALLIKARJUN
AGE:15 YEARS, OCC:STUDENT,
MINOR REPRESENTED THROUGH
M/G, MOTHER
SMT. HEMA KALADAGI,
W/O MALLIKARJUN,
AGE:36 YEARS, OCC:HOUSEHOLD
R/O NEAR SHARANABASAVESHWAR
TEMPLE, DANDAPUR, TQ:NARAGUND,
DIST:GADAG
7. KUMAR SACHIN KALADAGI
S/O MALLIKARJUN
AGE:13 YEARS, OCC:STUDENT,
MINOR REPRESENTED THROUGH
M/G, MOTHER
SMT. HEMA, W/O MALLIKARJUN KALADAGI,
AGE:36 YEARS, OCC:HOUSEHOLD,
R/O NEAR SHARANABASAVESHWAR
TEMPLE, DANDAPUR, TQ:NARAGUND,
DIST:GADAG
8. KUMAR ADARSH KALADAGI
S/O MALLIKARJUN
AGE:15 YEARS, OCC:STUDENT,
MINOR REPRESENTED THROUGH M/G, MOTHER
SMT. HEMA, W/O MALLIKARJUN KALADAGI,
AGE:36 YERS, OCC:HOUSEHOLD,
R/O NEAR SHARANABASAVESHWARA
TEMPLE, DANDAPUR, TQ:NARAGUND
3
DIST:GADAG
9. SHARANESH KUMAR KALADAGI
S/O VEERABHADRAPPA
AGE:34 YEARS, OCC: AGRICULTURE,
R/O NEAR SHARANABASAVESHWARA
TEMPLE, DANDAPUR, TQ:NARAGUND,
DIST:GADAG. ...PETITIONERS
(BY SRI. C.S.SHETTAR, ADVOCATE)
AND
1. SHANTAWWA SAJJAN
W/O BASAVANEPPA
AGE:58 YEARS, OCC:HOUSEHOLD,
R/O DESAI GALLI, NEAR KATNUR
BASAVESHWAR NAGAR, NARAGUND,
DIST:GADAG
2. ANNAPURNA KALADAGI
D/O SOMAPPA
AGE:51 YEARS, OCC:HOUSEHOLD,
R/O DESAI GALLI,
NEAR KATNUR
BASAVESHWAR NAGAR, NARAGUND,
DIST:GADAG. ...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED
ORDER PASSED BY LEARNED PRINCIPAL SENIOR CIVIL JUDGE
AT GADAG IN O.S.NO.17/2013 ON I.A.NO.12 DATED
21.03.2019 AT ANNEXURE-F.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
The petitioners, the defendants in O.S. NO.17 of 2013 on the file of the Principal Senior Civil Judge & CJM, Gadag, are before this Court aggrieved by the order dated 21.03.2019 passed on I.A. No.12 by which the amendment application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 is allowed.
2. The suit is one for partition and separate possession of the suit properties. When the suit was at the stage of defendants' evidence, the plaintiffs filed I.A No.12 under Order VI Rule 17 of CPC to include certain items of properties to the schedule for partition. The said application was opposed by the defendants stating the same is opposed to Order II Rule 2 of CPC and the plaintiff has filed the said amendment application belatedly. The Trial Court, under the impugned order, allowed the application and permitted 5 the plaintiff to amend the plaint to add certain items of the properties to the suit schedule.
3. Heard the learned counsel for the petitioners and perused the material on record.
4. The learned counsel for the petitioners would submit that the Trial Court committed an error in allowing the amendment application filed by the plaintiffs under Order VII Rule 17 of CPC. It is his submission that the application was filed belatedly at the stage of defendants' evidence. Further, he submits that the application is hit by Order II Rule 2 of CPC. At the time of filing of the suit itself, the plaintiff ought to have included all the properties in the suit schedule and not at the stage of fag end of the suit. Thus, he prayed for dismissing the application by allowing the writ petition.
5. Having heard the learned counsel for the petitioners and on perusal of the writ petition papers, I 6 am of the view that the petitioners have not made out any ground to interfere with the impugned order under Article 227 of the Constitution of India. Admittedly, the suit is one for partition and separate possession. It is settled law that a suit for partition shall include all the properties which are available for partition. In the instant case, even though the application is filed at the stage of defendants' evidence, in order to avoid multiplicity of proceedings and to minimize the litigation the Trial Court has rightly allowed the amendment application. In that view of the matter, I do not find any error in the order of the Trial Court. Moreover, Order II Rule 2 of CPC would have no application to the facts and circumstances of the case. Since in a suit for partition, at any point of time, the properties could be included. Even at the stage of final decree proceedings also, the properties could be included for the purpose of partition. Further, the impugned order in no way prejudice the case of the 7 defendants. Hence, I am of the view that the petitioners have not made out any ground to interfere with the impugned order. The writ petition stands rejected.
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