IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.1824 OF 2026 (GM-CPC)

BETWEEN:

1. SRI G SHIVALINGAPPA S/ O. LATE MAHADEVAPPA, AGED ABOUT 69 YEARS, AGRICULTURIST (SENIOR CITIZEN BENEFIT NOT CLAIMED)

2. SRI. MALLESHA @ MALLESHAPPA, S/ O. LATE MAHADEVAPPA, AGED ABOUT 59 YEARS, AGRICULTURIST BOTH ARE R/AT KENCHIKOPPA VILLAGE NYAMTHI TALUK, DAVANAGERE DISTRICT - 577 223 …PETITIONERS (BY SRI. JAYARAJ D S., ADVOCATE)

Dig itally signed by AND:

CHANDANA B M SMT LALITHA @ LALITHAMMA S R Location: High Court of W/O. S. RUDRAPPA Karnataka AGED ABOUT 79 YEARS AGRICULTURIST, R/AT KENCHIKOPPA VILLAGE, NYAMTHI TALUK, DAVANAGERE DISTRICT- 577 223 PRESENTLY R/AT NO. 30/1, LALITHA NIVASA, 1^ST CROSS, RAVINDRANAGAR, SHIVAMOGGA CITY- 577 201 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.199/2021 PENDING CONSIDERATION ON THE FILE OF THE HON'BLE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC AT HONNALI VIDE ANNEXURE - A2.

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

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

ORAL ORDER

This petition by the defendants in O.S.No.199/2021 on the file of the Prl. Civil Judge & JMFC, Honnali, is directed against the impugned order dated 13.10.2025 passed on I.A.No.IV whereby the said application filed by the respondent-plaintiff under Order VI Rule 17 CPC seeking amendment of the plaint was allowed by the Trial Court.

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

3. A perusal of the material on record will indicate that the respondent-plaintiff instituted the aforesaid suit for permanent injunction and other reliefs in relation to the suit schedule immovable properties. The said suit is being contested by the petitioners-defendants and at the stage of cross-examination of PW1, the respondent-plaintiff filed the instant application seeking amendment of the plaint by incorporating the relief of declaration together with corresponding pleadings. The said application having been opposed by the petitioners-defendants, the Trial Court proceeded to pass the impugned order allowing I.A.No.IV aggrieved by which the petitioner is before this Court by way of the present petition. The said order reads as under:

“ORDER ON I.A. No.IV The plaintiff has filed the present application on

18.06.2024, when the matter has been posted for further chief of PW1.

The plaintiff has filed present application under Order VI Rule 17 R/w Section 151 of CPC., seeking for amendment of plaint as under:-

Proposed amendment :-

1. After the existing paragraph 10. add-

"After the institution of this suit, the aforesaid suit in O.S.No. 108/2021 on the file of this honourable Court came to be decreed with costs by the judgment and decree dated 30.03.2024. By the said judgment and decree it has been held that the first defendant herein is entitled to recover the possession of the suit schedule property from the plaintiff herein. The plaintiff herein has preferred appeal against the said judgment and decree of this Court and the First Appeal in R.A. No.36/2024 on the file of the Hon'ble Senior Civil Judge, Harihar is pending for hearing. In view of the said subsequent event, a cloud is cast on the title of the plaintiff over the suit schedule property and her right to possession thereof. The original reliefs claimed in the suit have become insufficient. Hence the plaintiff is also seeking for additional relief of declaration of her right and possession over the suit schedule properties".

2. In paragraph number 11, after the words on subsequent dates of threat add :-

"Subsequently on 30.03.2024, when the judgment and decree in OS No.108/2021 on the file of this honourable Court was passed and a cloud is cast on the title and possession of the posto plaintiff over the suit schedule properties".

3. in the relief colum