- 1 - NC: 2025:KHC:85 WP No. 719 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 719 OF 2021 (GM-CPC) BETWEEN: SMT M S SHASHIREKHA W/O RAJESH AGED ABOUT 41 YEARS R/AT KUDLARA MANE DIDGOORU VILLAGE HONNALI TALUK DAVANAGERE DISTRICT- 577 217 AND ALSO AT NO.43, KINGSTONE RESIDENCY PLOTS AND VILLAS SY.NO.170, NAGANAHALLI CROSS HENNUR, BAGALUR MAIN ROAD KANNURU POST, BANGALORE - 562 149. …PETITIONER (BY SRI. RAJENDRA M S.,ADVOCATE) AND: 1. M S MEGHARAJA S/O M S SADASHIVAPPA AGED ABOUT 47 YEARS COOLIE BY PROFESSION R/O SHANTHINAGARA SHIKARIPURA TOWN SHIVAMOGGA DISTRICT-577 427. 2. SMT. NAGARATNA W/O REVANASIDDAPPA AGED ABOUT 49 YEARS HOUSE WIFE R/O FIRST CROSS CHANNAKESHAVANAGARA SHIKARIPURA TOWN-577427. 3. R SINCHANA D/O R REVANASIDDAPPA Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:85 WP No. 719 of 2021 AND W/O PRAVEENA AGED ABOUT 26 YEARS HOUSE WIFE R/O FIRST CROSS CHANNAKESHAVANAGARA SHIKARIPURA TOWN-577427. 4. RAJENDRAPPA S/O HUCHARAYAPPA PROP. ANJANEYA COMMERCIAL CO., 1ST MALIGE, VEEREABHADRESHWARA COMPLEX, SHANTHINAGARA SHIKARIPURA TOWN-577427. 5. BASAVARAJAPPA S/O KALLESHAPPA AGED ABOUT 46 YEARS BOREWELL MECHANIC R/O SHANTHINAGARA SHIKARIPURA TOWN SHIVAMOGGA DISTRICT-577427. …RESPONDENTS (BY SRI.S V PRAKASH., ADVOCATE AND SRI. UMESH MOOLIMANI, ADVOCATE FOR R1: NOTICE TO R2 TO R4 IS SERVED AND UNREPRESENTED NOTICE TO R5 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED 7.01.2021 PASSED ON I.A.NO.23 U/O VI RULE 17 OF THE CPC ON THE FILE OF THE SENIOR CIVIL JUDGE, AT SHIKARIPURA IN O.S.21/2017 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:85 WP No. 719 of 2021 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition is filed by the petitioner/defendant No.2 under Article 227 of the Constitution of India, challenging the order dated 07.01.2021 passed by the Senior Civil Judge & JMFC, Shikaripura on I.A.No.XXIII filed under Order VI, Rule 17 of the CPC in O.S.No.21/2017, whereby the trial Court rejected the said application. 2. The plaintiff has filed a suit for partition and separate possession. 3. After conclusion of evidence on both sides, when the matter was posted for arguments, the defendants filed an application under Order VI, Rule 17 of the CPC, seeking amendment of the written statement. The trial court rightly rejected the application on the ground that it was filed at a belated stage. Therefore, there is no error in the impugned order passed by the trial Court. - 4 - NC: 2025:KHC:85 WP No. 719 of 2021 4. At this stage, the learned counsel for the petitioner has submitted that in the suit for partition, the plaintiff has not included all the joint family properties. If that would be the case, the liberty may be reserved to the petitioner/defendant No.2 to file an application for inclusion of other properties, if law permits. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) Liberty is reserved to the petitioner/ defendant No.2 to file an application for inclusion of other properties, if law permits. In view of disposal of the main petition, all pending applications, if any, do not survive for consideration. The same are also disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 55