- 1 - NC: 2025:KHC:10331 WP No. 2033 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2033 OF 2025 (GM-CPC) BETWEEN: SADHASHIVA S/O PATEL HONNEGOWDA AGED ABOUT 76 YEARS R/AT KOTE HINDALAKOPPALU VILLAGE KASABA HOBLI,ARAKALAGUD TALUK HASSAN DISTRICT – 573102. …PETITIONER (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. YALLAMMA W/O LATE RANGEGOWDA AGED ABOUT 86 YEARS 2. JAGADISH S/O KULLEGOWDA AGED ABOUT 45 YEARS 3. VENKATESHA K S/O KULLEGOWDA AGED ABOUT 55 YEARS 4. PUTTAMMA W/O LATE THAMMANNA SINCE DEAD BY HER LR’S Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10331 WP No. 2033 of 2025 MANJAMMA W/O LATE RANGASWAMY AGED ABOUT 56 YEARS 5. JYOTHI R D/O LATE RANGASWAMY AGED ABOUT 35 YEARS 6. CHANDRASHEKAR R D/O LATE RANGASWAMY AGED ABOUT 33 YEARS 7. SHIVA K R S/O LATE RANGASWAMY AGED ABOUT 31 YEARS 8. SRINIVASA S/O LATE THAMMANNA AGED ABOUT 63 YEARS 9. NAGARAJA S/O LATE THAMMANNA AGED ABOUT 57 YEARS 10. NINGAMMA W/O LATE JAVAREGOWDA AGED ABOUT 76 YEARS 11. RAMEGOWDA S/O LATE DODDASANNA @ DODDASANNEGOWDA AGED ABOUT 76 YEARS R1 TO R11 ARE R/AT KOTE HINDALAKOPPALU VILLAGE KASABA HOBLI, ARAKALAGUD TALUK HASSAN DISTRICT – 573102. - 3 - NC: 2025:KHC:10331 WP No. 2033 of 2025 12. SHANKARA S/O LATE JAVAREGOWDA AGED ABOUT 64 YEARS RETIRED WORK INSPECTOR IRRIGATION DEPARTMENT VINAYAKANAGARA 2ND CROSS KOTE ARAKALAGUD, ARAKALAGUD TALUK HASSAN DISTRICT - 573102 …RESPONDENTS (BY SRI. JAGADEESH H T., ADVOCATE FOR R1 TO R11: NOTICE TO R12 IS DISPENSED WITH ) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS & QUASH THE IMPUGNED ORDER DATED: 07.01.2025 PASSED IN O.S.NO. 36/2020 BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC, ARAKALAGUD ON I.A.NO. XIV VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No.1, challenging the order dated 07.01.2025 passed by the Senior Civil Judge and JMFC, Arakalagud on IA No.XIV filed by the petitioner under Order VI Rule 17 of CPC in O.S.No.36/2020, whereby the said application was dismissed. - 4 - NC: 2025:KHC:10331 WP No. 2033 of 2025 2. The plaintiffs filed a suit for declaration and permanent injunction. On service of summons, defendant No.1 filed the written statement and contended that the suit schedule property was acquired by defendant No.1 by inheritance from one Doddasanna @ Doddasannegowda, who was the propositus. Therafterwards, he filed an application under Order VI Rule 17 of CPC for amendment of the name stating that instead of ‘Doddasannegowda’, it has been mentioned as ‘Doddasanna’ and sought for amendment. That application has been allowed. Thereafter, he filed the present application stating that there is a typographical error and the name of ‘@Doddasannegowda’ has to be corrected as ‘Doddasanna’. The said application has been rejected. 3. By permitting the amendment for just change of name will not change the nature of the suit or it will not cause any prejudice to the plaintiffs. By typographical error, the name of ‘Doddasanna’ has been wrongly - 5 - NC: 2025:KHC:10331 WP No. 2033 of 2025 inserted as “@Doddasannegowda’. Hence, the trial court erred in dismissing the application. 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 07.01.2025 passed on IA No.XIV in O.S.No.36/2020 by the Senior Civil Judge and JMFC, Arakalagud is set aside. (iii) IA No.XIV filed by defendant No.1 under Order VI Rule 17 r/w. Section 151 of CPC is allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 36