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2025 DAILYLAW 16786 (KAR)

SRI P B KRISHNAMURTHY v. SMT THAYAMMA

WP/4931/2025 · 2025-03-06

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9564 WP No. 4931 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4931 OF 2025 (GM-CPC) BETWEEN: SRI P B KRISHNAMURTHY S/O. P. BOLEGOWDA AGED ABOUT 54 YEARS R/AT PUTTAHEGADE VALASE VILLAGE KARIKALDODDI POST MARALAVADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562112. …PETITIONER (BY SRI. PRADEEP G C., ADVOCATE) AND: 1. SMT THAYAMMA W/O. PUTTAVEERAIAH. G. AGED ABOUT 61 YEARS R/AT RANANATHA BADAVANE HAROHALLI TOWN KANAKAPURA TALUK RAMANAGARA DISTRICT. 562112. 2. SMT. YASHODAMMA W/O. SIDDARAJU AGED ABOUT 56 YEARS R/AT THOKOTHIMMANADODDI VILLAGE KAGGALAHALLI POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562112. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9564 WP No. 4931 of 2025 3. SRI. CHOODAIAH @ PAPAIAH S/O. P. BOLEGOWDA AGED ABOUT 63 YEARS R/AT PUTTAHEGADE VALASE VILLAGE KARIKALDODDI POST MARALAVADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT. 562112. 4. SRI. P.B. NAGARAJU S/O. P. BOLEGOWDA AGED ABOUT 59 YEARS R/AT MAHADESHWARA BADAVANE KANAKAPURA TALUK RAMANAGARA DISTRICT. 562112. 5. CHIRAG K. GOWDA S/O. KRISHNA MURTHY P.B. AGED ABOUT 18 YEARS R/AT CHEELURU VILLAGE MARALAVADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT. 562112 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING / SET ASIDE THE ORDER DATED: 12/11/2024 ON IA NO. XI IN OS NO. 458/2014, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC KANAKAPURA, PRODUCED AT ANNEXURE-A 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 - 3 - NC: 2025:KHC:9564 WP No. 4931 of 2025 ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner-defendant No.3 challenging the order dated 12.11.2024 passed by the Senior Civil Judge and JMFC, Kanakapura, on I.A.No.XI filed by defendant No.3 under Order VI Rule 17 of CPC in O.S.No.458/2014, whereby the Trial Court has rejected the said applications. 2. The plaintiffs filed the suit for partition and separate possession. Defendant No.3 has entered appearance and filed written statement and he has admitted the allegations made in the plaint. Even defendant Nos.1 and 2 have filed the written statement. On the basis of the pleadings of the parties, issues have been framed and parties have adduced evidence. The evidence of defendant Nos.1 and 2 is also completed. At this stage, defendant No.3 has filed the application i.e., I.A.No.XI under Order VI Rule 17 of CPC seeking to amend the written statement. The Trial Court by impugned order has rejected the said application. Being aggrieved, the present petition is filed. - 4 - NC: 2025:KHC:9564 WP No. 4931 of 2025 3. By way of amendment, the defendant No.3 wants to withdraw the entire admissions made in the written statement except the admission regarding the relationship of the parties. Since the evidence of the plaintiffs and defendants Nos.1 and 2 is completed, at this stage, the application filed by the defendant for amending the written statement cannot be entertained. Considering all these aspects, the Trial Court has rightly rejected the application. 4. Viewed from any angle, there is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 24