- 1 - HC-KAR NC: 2025:KHC:20766 W.P. No.13407/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13407/2020 (GM-CPC) BETWEEN: SMT. ANNAPURNA B.M.S W/O LATE G.C. UMAPATHI AGED ABOUT 64 YEARS NO.104, FILTER HOUSE BACKSIDE CHITRADURGA TOWN CHITRADURGA TALUK CHITRADURGA DISTRICT-577501. [AMENDED AS PER HON'BLE COURT ORDER DATED 17.06.2025] …PETITIONER (BY SRI. A.C. BALARAJ, ADV.,) AND: 1. SMT. RAJANI UMAPATHI W/O SANGAMESH AGED ABOUT 34 YEARS C/O PORNPAPATHYSWAMY DESAI SHANKARAGOUD "HARISHANKAR KRUPA" 2ND CROSS, SHASTRI NAGAR BALLARI CITY BAALLARI DISTRICT-583101. 2. SRI. G.U. NATARAJ S/O G.U. UMAPATHI AGED ABOUT 42 YEARS R/O. KOLI BURAJINAHATTI NEAR GOVERNMENT URDU SCHOOL CHITRADURGA TOWN CHITRADURGA-577501. Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:20766 W.P. No.13407/2020 PRESENTLY R/AT NO.22246 VICTORY BLVD F11 4 WOODLAND HILLS CALIFORNIA-91367 UNITED STATES. …RESPONDENTS (BY SRI. S. MURALIDHARA, ADV., FOR R1 SRI. K.R. RAMESH, ADV., FOR R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 04/07/2020 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AT HIRIYURU ON IA NO.8 FILED BY THE 1ST RESPONDENT UNDER ORDER 6 RULE 17 OF CPC IN OS NO. 45/2016 ANNEXURE-E AND THEREBY DISMISS THE IA NO.8 IN OS NO.45/2016 & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking following reliefs: a) Issue a writ of certiorari or any other appropriate writ or order or direction, quashing the impugned Order dated 04/07/2020 passed by the Learned Senior Civil Judge at Hiriyuru on IA No.8 filed by the 1st respondent under Order 6 Rule 17 of CPC in OS No.45/2016 Annexure-E and thereby dismiss the IA No.8 in OS No.45/2016; and b) Grant such other reliefs or relief as this Hon'ble Court deems fit in the facts and circumstances of the case. 2. Sri.A.C.Balaraj, learned counsel for the petitioner submits that the petitioner in O.S.No.45/2016 - 3 - HC-KAR NC: 2025:KHC:20766 W.P. No.13407/2020 filed an application under Order 6 Rule 17 read with Section 151 of CPC seeking amendment of the plaint to incorporate certain leftover properties. The said application came to be allowed which was challenged by defendant No.1, who is now deceased and now Smt.Annapurna B.M.S., who is the 2nd wife of the deceased has come on record in the present proceedings and is defending the proceedings. It is submitted that in view of the death of original defendant No.1-Sri.G.C.Umapathi, she does not intend to press the present writ petition as the proposed amendment would not alter the nature of the suit. 3. Per contra, Sri.K.R.Ramesh, learned counsel appearing for respondent No.2 submits that in view of the death of defendant No.1-Sri.G.C.Umapathi, who has bequeathed item No.4 of the suit schedule property in favour of respondent No.2, allowing the application for amendment would affect his rights. It is submitted that item Nos.4 and 5 are the bequeathed and self acquired properties respectively of respondent No.2- - 4 - HC-KAR NC: 2025:KHC:20766 W.P. No.13407/2020 Sri.G.U.Nataraj. Hence, he is required to oppose the impugned order though he is respondent in the present proceedings. It is also submitted that he has filed an application in IA.No.1/2022 to transpose respondent No.2 as the petitioner in the above petition. 4. I have heard the arguments of both sides and meticulously perused the material available on record. 5. The original petitioner Sri.G.C.Umapathi died on 07.12.2021 and the said petitioner, who was defendant No.1 in O.S.No.45/2016 filed this petition challenging the order dated 04.07.2020 passed on IA.No.8 filed by his daughter under Order 6 Rule 17 which came to be allowed. The proposed amendment sought in the said application is inclusion of item Nos.4 and 5 properties which is claimed to be the joint family properties. Respondent No.2 vehemently contended that item No.4 property, proposed to be included is the bequeathed property by way of will dated 06.01.2020 by deceased Sri.G.C.Umatpathi in his - 5 - HC-KAR NC: 2025:KHC:20766 W.P. No.13407/2020 favour and item No.5 is self acquired property of respondent No.2/defendant No.2, hence, question of including these properties in the suit would not arise. The question as to execution of the will in favour of defendant No.2 and whether the property at item No.5 is self acquired property are required to be gone in the pending suit and the burden is on the person who claims that they are the joint family properties. The trial Court considering these aspects has allowed the application. I do not find any reason to interfere with the impugned order in the present petition. It is made clear that this Court has not expressed any opinion with regard to the merits and demerits of the contentions urged by the parties. Contentions urged in the present petition are kept open to be urged before the pending suit. The defendants are permitted to file the additional written statement in the pending suit. For the aforementioned reasons, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC:20766 W.P. No.13407/2020 ORDER i) Writ petition is disposed of by upholding the impugned order dated 04.07.2020 passed by the learned Senior Civil Judge, Hiriyuru on IA.No.8 filed by respondent No.1 in O.S.No.45/2016. ii) In view of the disposal of the writ petition, IA.No.1/2020 for transposition is disposed of and contentions with regard to the same are kept open. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 34