Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5571 OF 2023 (GM-CPC) BETWEEN: VIJAYKUMAR H.S S/O SRINIVAS AGED ABOUT 37 YEARS R/AT 21/2, MAIDANAHALLI VILLAGE, ILAVALA HOBLI, MYSORE TALUK, MYSORE - 571 130. …PETITIONER (BY SRI MOHAN B.K, ADV.) AND:
1. SRIDHAR S/O VISHAKANTTEGOWDA (LATE) AGED ABOUT 56 YEARS R/O MAIDANAHALLI VILLAGE ILAVALA HOBLI, MYSORE TALUK
Digitally signed 2. KUMAR T by NANDINI M S/O THIMMEGOWDA (LATE) S AGED ABOUT 38 YEARS Location: HIGH COURT OF R/O MAIDANAHALLI VILLAGE, KARNATAKA ILAVALA HOBLI, MYSORE TALUK …RESPONDENTS (BY SRI PALLAVA R, ADV, ADV., FOR R-1; R-2 SERVED) THIS WP IS FIELD UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DTD 02.02.2023 PASSED BY THE HONBLE IV ADDL. SENIOR
CIVIL JUDGE AND JMFC AT MYSORE IN OS. NO.600/2020 (ANNX-F) -2-
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Defendant No.1 is before this Court in this writ
petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 02.02.2023 passed on I.A.No.V in O.S.No.600 of 2020 by the Court of IV Additional Senior Civil Judge at JMFC, Mysuru.
2. Heard the learned counsel for the parties.
3. Respondent No.1 herein had filed O.S.No.600 of
2020 before the jurisdictional civil Court with a prayer to direct the defendant nos.1 and 2 to pay a sum of ₹.13,72,500/- with interest. The contesting defendants have entered appearance in the suit and filed written statement. Subsequently, I.A.No.V was filed under Order VI Rule 17 of CPC on behalf of the plaintiff to amend the prayer column of the plaint in O.S.No.600 of 2020. The said application was opposed by defendant no.1 by filing of objections. The trial Court, vide the order impugned -3- had allowed I.A.No.V and being aggrieved by the same, defendant no.1 is before this Court.
4. Perusal of the material on record would go to show
that the plaintiff who is the owner of the suit schedule property had executed Sale Deed dated 07.10.2016 in favour of defendant no.1. According to the plaintiff, defendant no.1 is liable to pay the amount claimed in the plaint under the aforesaid sale deed and for recovery of the same, plaintiff had approached the jurisdictional civil Court in O.S.No.600 of 2020. I.A.No.V is now filed with a prayer to amend the prayer column of the plaint in O.S.No.600 of 2020 and incorporate an additional prayer which reads as follows:
"In prayer column, after para i) add, "ia) in the alternative, for cancellation of the Sale Deed dated 07.10.2016 registered as MYW-1-06156-2016-17 in CD No.MYWD74 in Book-1 before the Sub-Registrar, Mysuru in respect of the suit schedule property".
5. A reading of the proposed prayer would go to show
that the plaintiff has sought for cancellation of the Sale Deed dated 07.10.2016 executed by him in favour of defendant no.1. The proposed amendment will change the nature of the suit. It -4- is trite that amendment which would amount to changing the nature of the suit or the cause of action for the suit cannot be permitted. The trial Court has failed to appreciate this aspect of the matter and has erred in allowing I.A.No.V filed on behalf of the plaintiff. On this short point, this writ petition has to succeed.
6. Accordingly, the following:-
ORDER
(i) Writ petition is allowed.
(ii) The impugned order dated 02.02.2023 passed on I.A.No.V in O.S.No.600 of 2020 by the Court of IV Additional Senior Civil Judge at JMFC, Mysuru is set side and consequently I.A.No.V is dismissed.
(iii) It is needless to state that the trial Court
shall make endeavours to dispose of the suit on merits as expeditiously as possible. Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 25