- 1 - HC-KAR NC: 2025:KHC:19479 WP No. 14825 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 14825 OF 2019 (GM-CPC) BETWEEN: 1. SMT. PARVATHAMMA, D/O LATE MUNIHANUMAPPA, W/O LATE ABBAIAH REDDY, AGED ABOUT 62 YEARS, R/AT NO.DODDAKANNELE (V) VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560 087. 2. SMT MUNIRATHNAMMA @ RATHNAMMA, D/O LATE MUNIHANUMAPPA, W/O NARAYANA REDDY, AGED ABUT 57 YEARS, R/AT KOTHANUR, UTTARAHALLI HOBLI, BANGALORE-560 077. PETITIONERS (BY SRI. ADINARAYANAPPA.,ADVOCATE) AND: 1. DODDANAGAMMA, D/O LATE MUNIHANUMAPPA, AGED ABOUT 67 YEARS, 2. MUNIREDDY, D/O LATE MUNIHANUMAPPA, R/AT DODDAKANNELE, AGED ABOUT 59 YEARS, 3. NARAYANA REDDY D/O LATE MUNIHANUMAPPA, AGED ABOUT 52 YEARS, Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19479 WP No. 14825 of 2019 4. SMT LAKSHMAMMA, W/O LATE SRINIVASA REDDY, AGED ABOUT 55 YEARS, 5. REENA, D/O LATE SRINIVASA REDDY, AGED ABOUT 35 YEARS, 6. RANI D/O LATE SRINIVASA REDDY, AGED ABOUT 29 YEARS, ALL ARE R/AT DODDAKANNELE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560 087. 7. MR NAVEED M HASSAN, S/O MR SB HASSAN, AGED ABOUT 67 YEARS, R/AT DODDAKANNELE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560 087. RESPONDENTS (R1 TO 6 ARE SERVED AND UNREPRESENTED; V/O DATED 11.09.2025 NOTICE TO R7 IS DISPENSED.) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORDS FROM THE FILE OF LEARNED IX ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE IN O.S.NO.2091/2012 AND AFTER PERSUING THE RECORDS TO SET ASIDE THE ORDERS DATED; 04.12.2018 PASSED IN O.S.NO.2091/2012 IN RESPECT OF THE APPLICATION FILED UNDER ORDER 6 RULE 17 OF CPC PASSED BY THE LEARNED IX ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE WHICH IS PRODUCED AT ANNEXURE-A AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B- GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:19479 WP No. 14825 of 2019 ORAL ORDER The present writ petition is filed by the plaintiffs calling in question the order dated 04.12.2018 whereunder the application filed under Order VI Rule 17 read with Section 151 of The Code Of Civil Procedure, 19081 by the plaintiffs in OS.No.2091/2012 has been dismissed by the IX Additional City Civil and Sessions Judge, Benagluru2. 2. The relevant facts in a nutshell leading to the present writ petition are that the plaintiffs instituted a suit for partition and other reliefs. The said suit is contested by the defendants. During pendency of the suit, the plaintiffs filed an application under Order VI Rule 17 read with Section 151 of CPC to amend the plaint insert para Nos.7(a) and (b) in the plaint and also seeking for declaration that the alleged release/relinquishment deed dated 08.09.2016 is null and void and not binding on the plaintiffs. Defendant Nos.2 and 3 filed their objections to the said application. The Trial Court vide its 1 Hereinafter referred as to ‘CPC 2 Hereinafter referred as to ‘Trial Court’ - 4 - HC-KAR NC: 2025:KHC:19479 WP No. 14825 of 2019 order dated 04.12.2018 dismissed the application. Being aggrieved, the present writ petition is filed by the plaintiffs. 3. Heard submissions of learned counsel Sri. Adinarayanapa appearing for the petitioners. The respondents are served and unrepresented. 4. It is the contention of the learned counsel for the petitioners that the Trial Court erroneously dismissed the application by noticing that the suit is filed in respect of the property bearing survey No.110/1 of Doddakanale Village, where as the release/relinquishment deed dated 08.09.2016 is in respect of survey No.53/3 measuring 2.08 guntas. It is further contended that the said release/relinquishment deed dated 08.09.2016 having been executed during the pendency of the suit, the plaintiff was justified in seeking for amendment as sought for in the application filed by them. 5. The submissions of learned counsel for the petitioners have been considered and the material on record have been perused. - 5 - HC-KAR NC: 2025:KHC:19479 WP No. 14825 of 2019 6. The question that arises for consideration is ‘Whether the Trial Court was justified in rejecting the application for amendment filed by the plaintiffs?’ 7. It is forthcoming from the plaint that partition has been sought for in respect of six items of the suit schedule properties. Survey No.110/1 that has been noticed by the Trial Court is item No.1. Apart from the same, there are other items of the suit schedule property, in respect of which partition is sought including item No.5 i.e., survey No.130/9 measuring 0.4½ guntas of Diddakannalli village, Varthur Hobli, Bangalore East Taluk. 8. It is the case of the plaintiffs, vide the application for amendment that during the pendency of the suit the plaintiffs and defendants jointly executed a General Power of Attorney in favour of one KM Somashekara s/o Munireddy in respect of property bearing survey No.53/3 measuring 2.08 guntas situated in Doddakannalli village, and that on the same day defendant Nos.1 to 3 by colluding with each other and falsely obtained signature of the plaintiffs and defendant No.1 on the alleged relinquished deed in respect of item No.5 of the - 6 - HC-KAR NC: 2025:KHC:19479 WP No. 14825 of 2019 suit schedule property. Appropriate relief for declaration is also sought for in the application for amendment. It is deposed in the affidavit accompanying the application that when defendant No.3 filed affidavit by way of examination-in-chief and marked documents Exs.D.1 to 6, the release/relinquishment deed dated 08.09.2016 was produced in Court and that while filing the written statement no reference was with the release/relinquishment deed. A copy of Irrevocable Power of Attorney (Annexure-D to the writ petition) has been produced as also the copy of release/relinquishment deed (Annexure-E to the writ petition). It is forthcoming from the release/relinquishment deed (Annexure-E to the writ petition) is that the averment is made with regard to the property bearing survey No.130/9 which is item No.5 of suit schedule property. It is further clear that the said alleged release/relinquishment deed has been executed during pendency of the suit. 9. The Trial Court erred in not noticing that the said release/relinquishment deed also pertains to property bearing survey No.130/9 and does not pertain to property bearing - 7 - HC-KAR NC: 2025:KHC:19479 WP No. 14825 of 2019 survey No.53/3. It is also relevant to note that the defendants in their objections to the application have not taken contention that the alleged release/ relinquishment deed does not pertain to the suit schedule property. They merely state that the plaintiffs were aware of the execution of the release/ relinquishment deed in respect of item No.5 of the suit schedule property. 10. It is clear that the plaintiffs were justified in filing application for amendment and seeking for appropriate relief with regard to the release/relinquishment deed which pertain to item No.5 of the suit schedule property. 11. In view of the aforementioned, question framed for consideration is answered in the negative. The relief sought for by the plaintiffs vide the amendment application is liable to be granted. Hence, the following: ORDER i. The writ petition is allowed; ii. The order dated 04.12.2018 passed in OS.No.2091/2012, rejecting the application filed by the petitioners/plaintiffs under Order VI - 8 - HC-KAR NC: 2025:KHC:19479 WP No. 14825 of 2019 Rule 17 read with Section 151 of the CPC passed by the IX Additional City Civil and Sessions Judge, Bangalore is set aside; iii. The application dated 18.07.2018 filed by the petitioners/plaintiffs under Order VI Rule 17 read with Section 151 of CPC in OS.No.2091/2012 on the file of IX Additional City Civil and Sessions Judge, Bangalore is allowed; iv. The plaintiffs shall carryout the amendment to the plaint on the next date of hearing before the Trial Court; v. The Trial Court shall conduct further proceedings in accordance with law. Sd/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 52