ASHOK S/O. GADIGEPPA MADDI vs. SAROJA W/O. VEERASANGAYYA SWAMI
What did the High Court hold?
The High Court held that the amendment was essential for a complete adjudication of the partition suit. It also noted that the defendants could file an additional written statement and seek further cross-examination if necessary.
What were the facts?
The petitioners (defendants) filed a writ petition challenging a trial court order that allowed the plaintiff to amend their plaint. The amendment sought to add paragraphs concerning legal heirs and prior litigation related to the suit property.
What were the issues?
Whether the trial court erred in allowing an amendment to the plaint at a belated stage, especially after a similar application was dismissed, and if the amendment was necessary for a just resolution of the partition suit.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 2ND DAY OF JANUARY, 2015 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.78212/2013 [GM-CPC] BETWEEN 1. ASHOK S/O. GADIGEPPA MADDI AGE: 55 YEARS, OCC: SERVICE R/O. SIDDARUD NAGAR, ANAND NAGAR ROAD, OLD HUBLI DIST: DHARWAD 2. VEDAMURTHY S/O. GADIGEPPA MADDI AGE: 47 YEARS, OCC: SERVICE R/O. C/O. E S I HOSPITAL ASHOK NAGAR, BELGAUM 590016 3. GEETA W/O. SURESH KINAGI AGE: 50 YEARS, OCC: SERVICE R/O. C/O. STATE BANK OF INDIA NAVA NAGAR BRANCH, HUBLI 580020 DIST: DHARWAD NOW AT STATE BANK OF INDIA A D B BRANCH, RISALDAR GALLI BELGAUM 590001 4. YASHODHA W/O. RAVINDRABABU AGE: 49 YEARS, OCC: SERVICE R/O. C/O. CANARA BANK ZINDAL NAGAR, TUMKUR ROAD, BANGALORE 5. SHREEHARSHA S/O. GADIGEPPA MADDI AGE: 38 YEARS, OCC: NIL R/O. DESAI ONI, HUBLI 580020 DIST: DHARWAD ... PETITIONERS
: 2 : (BY MISS REKHA PATIL, ADV. FOR SRI. M G NAGANURI, ADV.) AND SAROJA W/O. VEERASANGAYYA SWAMI AGE: 58 YEARS, OCC: TEACHER R/O. BENEATH SOFIA SCHOOL UPPARHALLI TUMKUR 57201 R/B. HER GPA HOLDER SHIR. SAMBHAJI S/O. SOMAPPA KALAL AGED ABOUT:41 YEARS, OCC:BUSINESS, R/O. VAIBHAV APARTMENT, VIDYANAGAR, OLD INCOME TAX OFFICE ROAD, HUBLI. ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.26.02.2013 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC, HUBLI IN OS.NO.160/2009 PRODUCED AT ANNEXURE-E. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Defendants’ writ petition calling in question the order passed by the Trial Court allowing the application filed by the plaintiff for amendment of the plaint whereunder paragraphs 1(a) and 3(a) are permitted to be added in the plaint.
: 3 : 2. I have heard the arguments of Miss Rekha Patil, learned counsel appearing on behalf of Shri M.G.Naganuri for petitioners. It is the contention of learned counsel appearing for the petitioners that application for amendment was liable to be rejected on two grounds namely, (i) similar application had been filed by the plaintiff namely I.A. No.3, having it dismissed on 14.02.2011 and as such the present application ought not to have entertained and (ii) it has been filed at a belated stage. 3. Trial Court after considering the rival contentions has allowed the application in question on the ground that claim of joint family members in a suit for partition should be decided once for all. 4. Having heard the learned counsel appearing for the petitioners and on perusal of the records as also the application I.A. No.3 filed earlier in the very same suit which is furnished along with a memo and the order rejecting said application, it would not detain this
: 4 : Court for too long to reject the contention of Miss Rekha Patil for reasons more than one. Amendment which is now sought to be put forward is the suit and which application allowed by the Trial Court would clearly indicate that plaintiff sought for introduction of paragraphs 1(a) and 3(a) whereunder plaintiff has sought to contend that all parties to the suit are the legal heirs of late Shri Gadigeppa Maddi and apart from the parties to the suit, Smt. Mallawwa was also the legal heir who succeeded to the self acquired and ancestral properties belonging to Shri Gadigeppa Maddi. Plaintiffs have also sought to bring on record details relating to earlier round of litigation between the brothers of Smt. Mallawwa and all the legal heirs of Shri Gadigeppa Maddi which ended in a compromise by contending that remaining 5 guntas of land was allotted under the said compromise to one of the defendants in O.S. No.219/1983 and also to contend as such all the parties to the suit became joint owners of the suit property along with deceased Smt. Mallawwa.
: 5 : 5. As rightly observed by the Trial Court, the suit in question being for partition and separate possession, plea now sought to be put forward by the plaintiff would be essential to adjudicate all the disputes relating to the succession as well as the right of the plaintiff to claim right or seek partition in the suit schedule property. Merely because evidence of the plaintiff has been commenced by, itself would not be a ground to reject the claim of the plaintiff for amendment. On the other hand, the admissions of the plaintiff in cross-examination, if any, which has accrued to the defendants as contended by Miss Rekha Patil, learned counsel can be made use of by the defendants at the time of addressing the final arguments in the suit and even otherwise by virtue of amendment having been allowed, defendants would be entitled to file additional written statement and they can seek for further cross- examination of P.W.1 if they think it to be necessary.
: 6 : 6. In that view of the matter, I do not find any merit in this writ petition. Writ petition stands rejected subject to observations made herein above. SD/- JUDGE Rsh
More judgments on Section 227
- Sinder Pal S/O Late Sh. Ram Sarup vs Commissioner of Customs, Inland Container…W.P.(C)-3002/202116 Sept 2026
- Sri Tontadarya B S vs The Superintendent of PoliceWP/4538/202212 Dec 2022
- Erappa vs The Deputy CommissionerWP/9257/201416 Nov 2022
- Pralaksha Charitable Trust vs State of KarnatakaWP/16109/202212 Sept 2022
- Smt Promoda Devi Wadiyar vs Bangalore Development AuthorityWP/2170/20156 Jul 2022
Recent GST High Court judgments
Search GST case law →- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026