- 1 - NC: 2025:KHC:9761 WP No. 6058 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6058 OF 2025 (GM-CPC) BETWEEN: 1. B.N KANTHARAJU S/O LATE B C NANJUNDAPPA AGED ABOUT 60 YEARS 2. SRI B K ASHOK S/O B N KANTHARAJU AGED ABOUT 35 YEARS 3. SMT B K LAVANYA D/O B N KANTAHRAJU AGED ABOUT 33 YEARS 4. SMT B K NAVYASHREE D/O B N KANTHARAJU AGED ABOUT 31 YEARS ALL ARE RA/T BHAKTHARAHALLI VILLAGE NAVILE POST, BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111. …PETITIONERS (BY SRI. RAMESHCHANDRA.,ADVOCATE) AND: 1. SMT ANUSUYA B N D/O LATE B C NANJUNDAPPA W/O SRI GANGADHARAIAH S AGED ABOUT 58 YEARS NO 42, RAMYASHREE NILAYA 1ST MAIN ROAD, 2ND A CROSS HAVANOOR EXTENSION NAGASANDRA POST BANGALORE 560073. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9761 WP No. 6058 of 2025 2. SMT CHANDRAMMA B N D/O LATE B C NANJUNDAPPA W/O SRI. UDDANDGOWDA V C AGED ABOUT 55 YEARS VENKATAPURA VILLAGE BAJAGUR POST, NONAVINAKERE HOBLI TIPUTUR TALUK, TUMKURU DISTRICT 572224. 3. SRI VIRUPAKSHAPPA B S S/O LATE SHIVALINGAPPA AGED ABOUT 82 YEARS R/AT BHAKTHARAHALLI VILLAGE NAVILE POST, BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 573111. 4. SRI BHASKARAPPA S/O LATE SHIVALINGAPPA AGED ABOUT 79 YEARS R/AT BHAKTHARAHALLI VILLAGE NAVILE POST, BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111. 5. SMT NGAMMA D/O LATE SHIVALINGAPPA W/O SRI CHALUVAIAH @ CHALUVEGOWDA AGED ABOUT 76 YEARS R/AT BOOVANAHALLI VILLAGE NUGGEHALLI HOBLI CHANNARAYAPATNAT TALUK HASSAN DISTRICT-573131. 6. SMT RAJAMMA D/O LATE SHIVALINGAPPA W/O LATE THEERTHA AGED ABOUT 73 YEARS R/AT HEGGADIGERE VILLAGE BOOVANAHALLI POST NUGGEHALLI HOBLI - 3 - NC: 2025:KHC:9761 WP No. 6058 of 2025 CHANNARAYAPATNA TALUK HASSAN DISTRICT 575131. 7. SRI PRABHAIAH S/O LATE SHIVALINGAPPA AGED ABOUT 66 YEARS R/AT BHAKTHARAHALLI VILLAGE NAVILE POST, BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 573111. 8. SMT GANGARAJAMMA W/O LATE B K NAGARAJU AGED ABOUT 79 YEARS R/AT BHAKTHARAHALLI VILLAGE NAVILE POST, BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 573111. 9. SRI NIJAGUNA @ RAJANNA S/O LATE B K NAGARAJU AGED ABOUT 57 YEARS R/AT BHAKTHARAHALLI VILLAGE NAVILE POST,BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 573111. 10. SMT LOLAKSHI D/O LATE B K NARAJU W/O SRI B M PRAKASH AGEDABOUT 54 YEARS R/AT BOOVANAHALLI VILLAGE CHANNARAYAPATNA TALUK HASSAN DISTIRCT 578151. 11. NANDISH S/O LATE B K NAGARAJU AGED ABOUT 52 YEARS R/AT BHAKTHARAHALLI VILLAGE NAVILE POST, BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 573111. - 4 - NC: 2025:KHC:9761 WP No. 6058 of 2025 12. SRI DINESH S/O LATE B K NAGARAJU AGED ABOUT 50 YEARS R/AT BHAKTHARAHALLI VILLAGE NAVILE POST, BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 573111 …RESPONDENTS (BY SRI.JANESH KUMAR K., ADVOCATE FOR C/R1 & 2: NOTICE TO R3 TO R12 ARE DISPENSED WITH V/O DATED: 07.03.2025) THIS WRIT PETITION IS FILED UNDER PRAYING TO QUASH ANNEXURE-A ORDER ON IA DATED: 24.01.2025 PASSED BY OF SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA IN OS NO. 86 OF 2015 PASSED ON THE APPLICATION UNDER ORDER VI RULE 17 OF CPC AND ALLOW THE APPLICATION 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 to 4 challenging the order dated 24.02.2025 passed by the Senior Civil Judge and JMFC, Channarayapatna on IA filed under Order VI Rule 17 of CPC in O.S.No.86/2015, whereby the Trial Court has rejected the said application filed for amendment of written statement. - 5 - NC: 2025:KHC:9761 WP No. 6058 of 2025 2. The plaintiffs filed the suit for partition. After issuance of suit summons, the defendants appeared through counsel and filed written statement. On the basis of the same, the Trial Court has framed issues. The parties have adduced their evidence. The matter is posted for arguments. Thereafter, the defendants filed IA under Order VI Rule 17 of CPC for amendment of written statement. The Trial Court, by impugned order dated 24.02.2025 rejected the said application. Being aggrieved by the said order, the present petition is filed. 3. Learned counsel for the petitioners has submitted that the trial Court, without providing any proper reasons and without applying its mind, has rejected the application. 4. On the other hand, the learned counsel for the respondents submitted that even if the amendment application is allowed, it would merely permit the - 6 - NC: 2025:KHC:9761 WP No. 6058 of 2025 defendants/petitioners to withdraw the admission made in the written statement. 5. Heard the learned counsel for the parties. 6. In the impugned order, the trial Court has not assigned any valid and cogent reasons in rejecting the application. It is only held that the defendants cannot be permitted to amend the written statement, as the plaintiffs are the masters of their case. This finding of the trial Court is contrary to the provisions of Order VI, Rule 17 of the CPC. No other proper reasons are forthcoming for the rejection of the application. The impugned order is passed without application of mind, and on that ground alone, the impugned order is liable to be set aside. 7. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. - 7 - NC: 2025:KHC:9761 WP No. 6058 of 2025 b) The order dated 24.02.2025 passed by the Senior Civil Judge and JMFC, Channarayapatna on IA filed under Order VI Rule 17 of CPC in O.S.No.86/2015, is set aside. c) The trial Court is directed to reconsider the application filed by the petitioners/defendant Nos.1 to 4 under Order VI Rule 17 of CPC, in accordance with law, after giving an opportunity to both the parties. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 9