- 1 - NC: 2025:KHC:11964 WP No. 43658 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 43658 OF 2019 (GM-CPC) BETWEEN: 1. SMT SANNAMMA W/O LATE DEVEGOWDA, AGED ABOUT 78 YEARS 2. SRI PUTTARAJEGOWDA S/O LATE DEVEGOWDA, AGED ABOUT 48 YEARS, 3. SMT LAKSHMAMMA W/O ALTE RAMEGOWDA, AGED ABOUT 68 YEARS 4. SRI JALENDRA S/O LATE RAMEGOWDA, AGED ABOUT 46 YEARS 5. SRI CHANDREGOWDA S/O LATE RAMEGOWDA, AGED ABOUT 33 YEARS 6. NAGEGOWDA S/O LATE RAJAPPA @ RAJEGOWDA, AGED ABOUT 73 YEARS PETITIONERS 1 TO 6 ARE RESIDING AT HUNASETHOPPALU VILALGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571187. 7. KARIGOWDA S/O LATE RAJAPAP @ RAJEGOWDA, R/AT KALKUNIKE VILLAGE, KASABA HOBLI, HUNSUR TALUK, MYSURU DISTRICT 571105. …PETITIONERS (BY SRI.ROOPESHA.B., ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11964 WP No. 43658 of 2019 AND: 1. 1(a) THAMMAIAH SINCE DEAD BY LRS SMT.SHASHIKALA, W/O VENKATESH, D/O LATE THAMMAIAH, AGED ABOUT 60 YEARS, R/AT EACHURU VILLAGE, BYETTADHAPURA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571102. 1(b) SMT.MANJULA W/O SHVIANNA, D/O LATE THAMMAIAH, AGED ABOUT 57 YEARS R/AT RAJANABELAGULI VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571187. 1(c) SRI.MOHANA D/O LATE THAMMAIAH, AGED ABOUT 55 YEARS R/AT RAJANABELAGULI VILALGE, HARANAHALI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571187. 1(d) SMT.JYOTHI W/O PUTTEGOWDA, D/O LATE THAMMAIAH, R/AT BYADARABILEGULI VILALGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571102. 1(e) SMT.BASAMMA W/O LATE THAMMAIAH, AGED ABOUT 76 YEARS R/AT RAJANABELAGULI VILLAGE, HARANAHALLI HOBLI, PERIYPATNA TALUK, MYSURU DISTRICT 571102. - 3 - NC: 2025:KHC:11964 WP No. 43658 of 2019 2. SRI CHANDREGOWDA S/O THAMMAIAH, AGED ABOUT 51 YEARS R/AT RAJANABELAGULI VILLAGE, HARANAHALLI HOBLI, PERIYPATNA TALUK, MYSURU DISTRICT 571187. …RESPONDENTS (R1(a) TO R1(e) & R2 ARE SERVED AND UNREPRESENTED) THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.NO.19/2016 FROM THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT PERIYAPATNA; QUASH THE IMPUGNED ORDERS IN O.S.NO.19/2016 PASSED ON I.A.NO.8 FILED U/O 6 RULE 17 R/W SEC. 151 OF CPC DATED 11.07.2019 VIDE ANNX-E AND ORDER DATED 09.08.2019 PASSED ON I.A.NO.12 FILED U/O 26 RULE 9 R/W SEC. 75 AND 151 OF CPC VIDE ANNX-F PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC AT PERIYAPATNA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The plaintiffs in O.S.No.19/2016 on the file of the Senior Civil Judge and JMFC., Periyapatna (for short, ‘Trial Court’) are before this Court being aggrieved by order dated 11.07.2019 rejecting the application filed by them under Order 6 Rule 17 read with Section 151 of CPC seeking amendment to the plaint. - 4 - NC: 2025:KHC:11964 WP No. 43658 of 2019 2. The above suit is filed by the plaintiffs seeking reliefs of declaration and injunction against the defendants. The amendment sought is to incorporate certain words/sentences in respect of paragraph No.7, which are as follows: ”ªÁzÀ ¥ÀvÀæzÀ ¥ÁågÀ 7 gÀ°è 2£É ¸Á°£À°è “wAUÀ¼À wAUÀ¼À wAUÀ¼À wAUÀ¼À” JA§ÄzÀgÀ §zÀ°UÉ ‘ªÀµÀðzÀ’ ªÀµÀðzÀ’ ªÀµÀðzÀ’ ªÀµÀðzÀ’ JAzÀÄ, EzÉà ¥ÁågÀzÀ 8£Éà ¸Á°£À°è ºÀPÀÄÌ WÉÆõÀuÉUÁV DzÀ £ÀAvÀgÀ “ªÁ¢UÀ¼À ºÀQÌUÁV ªÁ¢UÀ¼À ºÀQÌUÁV ªÁ¢UÀ¼À ºÀQÌUÁV ªÁ¢UÀ¼À ºÀQÌUÁV ªÀÄvÀÄÛ ªÀÄÈvÀ gÁd¥Àà GgÀ ªÀÄvÀÄÛ ªÀÄÈvÀ gÁd¥Àà GgÀ ªÀÄvÀÄÛ ªÀÄÈvÀ gÁd¥Àà GgÀ ªÀÄvÀÄÛ ªÀÄÈvÀ gÁd¥Àà GgÀÄ¥ï gÁeÉÃUËqÀgÀ G½PÉ Ä¥ï gÁeÉÃUËqÀgÀ G½PÉ Ä¥ï gÁeÉÃUËqÀgÀ G½PÉ Ä¥ï gÁeÉÃUËqÀgÀ G½PÉ ªÁgÀ¸ÀÄzÁgÀgÀ ºÀQÌUÁVAiÀÄ®è ªÁgÀ¸ÀÄzÁgÀgÀ ºÀQÌUÁVAiÀÄ®è ªÁgÀ¸ÀÄzÁgÀgÀ ºÀQÌUÁVAiÀÄ®è ªÁgÀ¸ÀÄzÁgÀgÀ ºÀQÌUÁVAiÀÄ®è” JAzÀÄ wzÀÄÝ¥ÀrªÀiÁqÀ¨ÉÃPÁVgÀÄvÀÛzÉ.” 3. The Trial Court has rejected the said application on the premise that the trial having been completed, when the matter is posted for arguments on merits, the amendment as sought for cannot be granted. 4. Learned counsel for the petitioners relying upon the judgment of the Hon’ble Apex Court in the case of LIFE INSURANCE CORPORATION OF INDIA VS. SANJEEV BUILDERS PRIVATE LIMITED AND - 5 - NC: 2025:KHC:11964 WP No. 43658 of 2019 ANOTHER1 submits that the amendment which is only of a clarificatory in nature not having the effect of changing the scope of the suit, can be allowed. He submits that all that is sought to be amended in the application is change of the period and the addition with regard to the relief as sought for which is only extension of the pleadings which is already exist in the plaint. Hence, he prays for allowing the petition. 5. Learned counsel for the petitioners submits that in the application for amendment, the word appearing after line 8 starting with the word “¥ÀæwªÁ¢” be permitted to be corrected as “ªÁ¢”. Permission is granted. 6. Heard and perused the records. 7. A perusal of the application seeking amendment as extracted above, even if allowed at a belated stage, would not in any manner, whatsoever either change the cause of action, nature of the suit or it cause any prejudice 1 AIR 2022 SC 4256 - 6 - NC: 2025:KHC:11964 WP No. 43658 of 2019 to the respondents inasmuch as it is only a clarificatory in nature and in furtherance to the pleadings which is already made and available on the plaint. 8. In that view of the matter, the following: ORDER a) Writ petition is allowed. b) The order dated 11.07.2019 passed on I.A.No.VIII filed under Order 6 Rule 17 read with Section 151 of CPC by the Senior Civil Judge, Periyapatna is set aside. c) The petitioners are permitted to amend the plaint as sought for. d) The Trial Court shall proceed further in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE NC List No.: 1 Sl No.: 13