- 1 - NC: 2025:KHC:14736 WP No. 15465 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15465 OF 2024 (GM-CPC) BETWEEN: SRI. E. MARUTHI S/O. SRI K.H. ERANNA AGED ABOUT 25 YEARS R/AT KONANAKURIKE VILLAGE NIDAGAL HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT. …PETITIONER (BY SRI. NARASIMHARAJU., ADVOCATE) AND: 1. SMT. HENJAMMA W/O. LATE GONCHIKARA HANUMANTHARAYAPPA AGED ABOUT 71 YEARS R/AT NO.KONANAKURIKE VILLAGE NIDAGAL HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT. 2. SMT NAGARATHNAMMA D/O. LATE GONCHIKARA HANUMANTHARAYAPPA W/O. MARAPPA AGED ABOUT 53 YEARS R/AT NO.KONANAKURIKE VILLAGE NIDAGAL HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT. 3. SMT. LAKSHMAMMA D/O. LATE GONCHIKARA HANUMANTHARAYAPPA W/O. SHIVARAJU AGED ABOUT 49 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14736 WP No. 15465 of 2024 R/AT NO.KONANAKURIKE VILLAGE NIDAGAL HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT. …RESPONDENTS (BY SRI. H V DEVARAJU., ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 05/03/2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, PAVAGADA, TUMAKURU DISTRICT PASSED ON IA NO. 2 UNDER SECTION 151 OF CPC IN OS NO. 112/2021 AS PER ANNEXURE-A 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 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.3 challenging the order dated 05.03.2024 passed by the Senior Civil Judge and JMFC, Pavagada, on I.A.No.2 filed under Section 151 of CPC in O.S.No.112/2021, whereby the Trial Court has dismissed the said application. 2. The plaintiff filed the suit for partition and separate possession. On service of suit summons, the defendants appeared and filed written statement. Thereafter, the defendant No.3 has filed I.A.No.2 under Section 151 of - 3 - NC: 2025:KHC:14736 WP No. 15465 of 2024 CPC seeking direction to the plaintiff to add the land bearing Sy.No.381/13 as mentioned in the application, as Item No.10 to the suit schedule properties. The application has been objected by the plaintiff stating that the said property is the self acquired property of the plaintiff. Therefore, the Trial Court by impugned order has rejected the said application. Being aggrieved, the present petition is filed. 3. If the case of the defendant No.3 is that the property, which is sought to be added to the suit schedule properties, is the joint family property, he can seek for amendment of written statement or file a counter claim. But he cannot seek for a direction to the plaintiff to include the said property to the suit schedule properties. Therefore, the Trial Court has rightly dismissed the application. 4. Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court. No good - 4 - NC: 2025:KHC:14736 WP No. 15465 of 2024 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. 6. If the defendant No.3 intends to include any property to the suit schedule properties, he has to file necessary application before the Trial Court in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 40