- 1 - NC: 2025:KHC:5340 WP No. 3008 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3008 OF 2025 (GM-CPC) BETWEEN: 1. SMT.NAGARATHANAMMA W/O SHANTHA KUMAR AGED ABOUT 53 YEARS 2. SRI SHANTH KUMAR S/O LATE CHIKKANANJUNDAIAH AGED ABOUT 53 YEARS BOTH ARE R/AT NAJUNDESHWARA NILAYA VIDYANAGAR, DODDABALLAPURA TALUK BENGALURU RURUAL DISTRICT-561203. …PETITIONERS (BY SRI. H M MADHUSUDHANA.,ADVOCATE) AND: 1. SRI.ABHISHEK S/O SHANTHAKUMAR AGED ABOUT 27 YEARS R/O RAFIQ MANJIL KUVEMPUNAGAR OPP TO WOMENS POLICE STATION DODDABALLAPURA TOWN BENGALURU RURAL DISTRICT. 2. SMT. NAVYA W/O ABILASH AGED ABOUT 30 YEARS R/A TORANTO CITY CANADA STATE. 3. SMT.CHANDANA W/O MOHAN AGED ABOUT 28 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5340 WP No. 3008 of 2025 R/AT AGRHARA LAYOUT YELHANKA BENGALURU …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING FOR QUASHING THE ORDERS ON IA NO. 4 DATED: 19.12.2024 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE & JMFC AT DODDABALAPURA BENGALURU RURAL DISTRICT IN OS NO. 461/2023 IS AT ANNEXUR-J AND ALLOW THE APPLICATION TO STRIKEOUT THE ITEM NO. 2 PROPERTY IN THE SAID SUIT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners/defendant Nos.1 and 2, challenging the order dated 19.12.2024 passed by the Senior Civil Judge and JMFC, Doddaballapura on I.A.No.IV filed by the petitioners under Order VI Rule 16 of CPC in O.S.No.461/2023, whereby the application filed for striking out the pleadings in respect of suit item No.2 has been dismissed. 2. The plaintiff has filed the suit for partition and separate possession. After service of summons, the defendants appeared through their counsel and filed a - 3 - NC: 2025:KHC:5340 WP No. 3008 of 2025 written statement and have admitted that the suit item No.1 is a joint family property and suit item No.2 is a self acquired property of defendant No.2. Therefore, they have filed an application under Order VI Rule 16 of CPC to strike out the pleadings in respect of suit item No.2. The trial Court after hearing the parties, by impugned order has dismissed the application. Being aggrieved, the present petition is filed. 3. Heard the learned counsel for the petitioners and perused the writ papers. 4. The plaintiff has filed the suit for partition and separate possession. The defendants claim that the suit item No.2 is a self acquired property, which belongs to defendant No.2 and it is not a joint family property. The specific case of the plaintiff is that the suit item No.2 was purchased in the name of his mother, out of the joint family income and that issue has been decided by the trial Court after hearing the parties. At this stage, suit item No.2 cannot be striked out of the pleadings of the - 4 - NC: 2025:KHC:5340 WP No. 3008 of 2025 defendants. Therefore, the trial Court has rightly dismissed the application. There is no any error or illegality in the order passed by the trial Court. 5. Accordingly, I pass the following order: ORDER a) The writ petition is dismissed. b) The trial Court is directed to dispose of the suit as expeditiously as possible, not later than one year from the date of receipt of certified copy of this order. c) The parties are directed to cooperate for early disposal. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 10