- 1 - NC: 2025:KHC:11202 WP No. 23358 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23358 OF 2021 (GM-CPC) BETWEEN: 1. SMT SOUBHAGYA W/O LATE NARAYANASWAMY AGED ABOUT 44 YEARS 2. BINDUSHREE D/O LATE NARAYANASWAMY AGED ABOUT 29 YEARS 3. SINDU D/O LATE NARAYANASWAMY AGED ABOUT 26 YEARS 4. HARSHAVARDHAN S/O LATE NARAYANASWAMY AGED ABOUT 25 YEARS ALL ARE R/AT SAVAKANAHALLI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT 562110.…PETITIONERS (BY SRI. VIJAYA SHEKARA GOWDA V.,ADVOCATE) AND: 1. SMT ANJINAMMA W/O LATE NANJUNDAPPA AGED ABOUT 65 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11202 WP No. 23358 of 2021 2. SRI ANJINAIAH S/O LATE NANJUNDAPPA AGED ABOUT 53 YEARS 3. SRI MUNIRAJU S/O LATE NANJUNDAPPA AGED ABOUT 50 YEARS 4. SMT MANJULA W/O LATE NANJAPPA AGED ABOUT 60 YEARS 5. SRI ABILASH S/O LATE NANJAPPA AGED ABOUT 41 YEARS 6. SRI SUNIL S/O LATE NANJAPPA AGED ABOUT 38 YEARS 7. SRI MUNISHAMAIAH S/O LATE NANJUNADAPPA AGED ABOUT 65 YEARS 8. SRI MUNI ANJINAPPA S/O LATE NANJUNADAPPA AGED ABOUT 60 YEARS ALL ARE R/AT SAVAKANAHALLI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110. 9. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS AUTHORITY N H 207, SKETCH OFFICE, NELAMANGALA BENGALURU RURAL DISTRICT-562123. …RESPONDENTS - 3 - NC: 2025:KHC:11202 WP No. 23358 of 2021 (BY SMT. SOWMY R, ADVOCATE FOR R1 TO R8 SRI.PRAKASH V ANGADI., ADVOCATE FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED ON I.A.NO.9 DATED:26.11.2021 IN O.S.NO.751/2016 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI VIDE 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 This writ petition is filed by plaintiffs 1 to 4 under Article 227 of the Constitution of India, challenging the order dated 26.11.2021 passed by the Principal Senior Civil Judge and JMFC, Devanahalli in O.S.No.751/2016, whereby IA No.9 filed by the plaintiffs under Order VI Rule 17 of CPC has been dismissed. 2. The plaintiffs filed a suit for partition and separate possession. On service of summons, defendants filed the written statement and denied the relationship of plaintiffs and the defendants. Thereafter, plaintiffs filed IA No.VIII seeking amendment. The same has been allowed by order - 4 - NC: 2025:KHC:11202 WP No. 23358 of 2021 dated 22.07.2021 permitting the plaintiffs to include item Nos.12 to 16 in the plaint. Thereafter, plaintiffs filed IA No.IX under Order VI Rules 17 of CPC to amend the plaint since the plaintiffs want to amend the plaint and include the facts to prove that their father is the son of Nanjundappa. In the case on hand, issues are not yet framed. Therefore, by amending the plaint, the plaintiffs are not withdrawing any admission made in the plaint, it will not cause any injustice or harm to the defendants. Therefore, I am of the opinion that the IA filed by the plaintiffs requires to be allowed for proper adjudication of the suit. 3. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 26.11.2021 passed on IA No.IX in O.S.No.751/2016 by the Principal Senior Civil Judge and JMFC, Devanahalli is set aside. - 5 - NC: 2025:KHC:11202 WP No. 23358 of 2021 (iii) IA No.IX filed by the plaintiffs under Order VI Rule 17 of CPC is allowed. (iv) Since the suit is of the year 2016, the trial court is directed to dispose of the suit as expeditiously as possible, not later than one year from the date of receipt of a copy of this order. (v) Both the parties are directed to co- operate for speedy disposal of the suit. (vi) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 42