- 1 - NC: 2025:KHC:4811 WP No. 16078 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16078 OF 2024 (GM-CPC) BETWEEN: 1. SRI GURUSWAMY S/O LATE SRI B.NARAYANASWAMY @ NARAYANAPPA AGED ABOUT 59 YEARS R/AT NO.1008, NAGAPPA BLOCK YELAHANKA BELLARY ROAD YELAHANKA BENGALURU-560 064. 2. SMT. T.G. PAVITHRA W/O SRI PADAMANABHA AGED ABOUT 36 YEARS R/AT NO.1316, ANANDA SADANA ACS LAYOUT, T BLOCK 6TH MAIN 7TH CROSS KUNDALAHALLI GATE BENGALURU-560 037. 3. SRI T.G. PRAVEEN S/O SRI GOPALAPPA AGED ABOUT 34 YEARS R/O THARAHUNASE VILLAGE JALA HOBLI BENGALURU NORTH TALUK-562 157 …PETITIONERS (BY SRI. SOMASHEKARA K M.,ADVOCATE) AND: 1. SMT KOMALAMMA D/O LATE SRI B. NARAYANASWAMY @NARAYANAPPA AGED ABOUT 69 YEARS R/O KOLAVARAYANA HALLI HESARAGHATTA HOBLI, KAKOLU POST BENGALURU NORTH TALUK & DISTRICT-560 089 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4811 WP No. 16078 of 2024 2. SRI MUNIRAJAPPA S/O LATE SRI B. NARAYANASWAMY @ NARAYANAPPA AGED ABOUT 66 YEARS R/O BANDIKODIGEHALLI VILLAGE JALA HOBLI BENGALURU NORTH TALUK-562 157. 3. SRI. CHANDRASHEKAR S/O LATE SRI B. NARAYANASWAMY @ NARAYANAPPA AGED ABOUT 51 YEARS R/O HEGGANAHALLI VILLAGE KUNDANA HOBLI DEVENAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. 4. SRI. RAMESH S/O LATE SRI B. NARAYANASWAMY @NARAYANAPPA, SINCE DEAD BY HIS LRS SMT. RAJAMMA W/O LATE RAMESH MAJOR R/AT BANDIKODIGEHALLI VILLAGE JALA HOBLI, BENGALURU NORTH TALUK YELAHANKA TALUK BENGALURU DISTRICT-562 157. 5. SMT. SUSHMITHA D/O LATE RAMESH W/O PILLEGOWDA MAJOR R/AT BANDIKODIGEHALLI VILLAGE JALA HOBLI, BENGALURU NORTH TALUK YELAHANKA TALUK BENGALURU DISTRICT-562 157. 6. SRI. SATISH K S/O SRI KALASAPPA HEGDE AGED ABOUT 56 YEARS R/O MELUKOPPA SRINGERI TALUK CHIKKAMANGALURU-577 139 …RESPONDENTS - 3 - NC: 2025:KHC:4811 WP No. 16078 of 2024 (BY SMT. SUNITHA H SINGH., ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27/04/2024 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, C/C II ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ON IA NO. XIV IN OS NO. 166 OF 2017 VIDE ANNEXURE-H, AND CONSEQUENTLY, DISMISSED THE IA NO. XIV FILED BY THE DEFENDANT NOS. 2 AND 4 UNDER ORDER VI RULE 17 OF CPC IN OS NO. 166 OF 2017 VIDE ANNEXURE-F 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-plaintiff Nos.1 to 3 challenging the order dated 27.04.2024 passed by the III Addl. Senior Civil Judge and JMFC, Devanahalli, c/c II Addl. Senior Civil Judge and JMFC, Devanahalli, on I.A.No.XIV filed by defendant Nos.2 and 4 under Order 6 Rule 17 of CPC in O.S.No.166/2017, whereby the Trial Court has allowed the said application. 2. The plaintiffs filed the suit for partition and separate possession. After service of suit summons, the defendants appeared and filed written statement and have taken a - 4 - NC: 2025:KHC:4811 WP No. 16078 of 2024 contention that in an earlier partition, the plaintiff No.1 has taken item No.3 as his share and other house properties and defendants have also taken a contention that plaintiff has executed a release deed dated 17.02.1995. After gathering all the relevant documents and information regarding the subject matter of the suit, the defendant Nos.2 and 4 filed I.A.No.XIV under order 6 Rule 17 of CPC seeking for amendment of written statement. The Trial Court, by impugned order dated 27.04.2024 has allowed the said application and permitted the defendant Nos.2 and 4 to carry out amendment and to file the amended written statement. Being aggrieved, the present petition is filed by the plaintiffs. 3. Heard the learned counsel for the parties. Perused the writ papers. 4. In the written statement, defendants have taken a contention regarding earlier partition. By way of amendment, the defendants have given additional - 5 - NC: 2025:KHC:4811 WP No. 16078 of 2024 information about the earlier partition. If the application is allowed, no prejudice will be caused to the other side and the defendants are not withdrawing any admission made in the written statement. The plaintiffs have also filed rejoinder to the same. By allowing the amendment, it will not change the defence of the defendants. There is only delay in filing the said application, which has been met by imposing cost. 5. The Trial Court after considering all these aspects has rightly allowed the application filed by the defendant Nos.2 and 4. 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. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 17