- 1 - NC: 2025:KHC:4869 WP No. 22957 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. 22957 OF 2024 (GM-CPC) BETWEEN: 1. SMT. LEELAVATHI W/O LATE A NARAYANA REDDY AGED ABOUT 65 YEARS 2. SMT RAJALAKSHMI D/O LATE A NARAYANA REDDY AGED ABOUT 43 YEARS 3. KUM MONISHA D/O LATE A NARAYANA REDDY AGED ABOUT 36 YEARS ALL ARE RESIDING AT UMA NILAYA 3RD FLOOR 1ST B MAIN ROAD JAYANAGAR BANGALURU 560070 …PETITIONERS (BY SRI. G PAPI REDDY, SENIOR COUNSEL FOR SRI.VINOD REDDY V.,ADVOCATE) AND: 1. SMT. BALAMMA W/O LATE ANNAIAH REDDY SINCE DEAD BY LRS SMT PADMAMMA W/O LATE A JAYARAMI REDDY @ JAYAPPA REDDY AGED ABOUT 66 YEARS SMT SHIVAKUMAR J S/O LATE A JAYARAMI REDDY Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4869 WP No. 22957 of 2024 @ JAYAPPA REDDY AGED ABOUT 49 YEARS 2. SMT GAYATHRI D/O LATE A JAYARAMI REDDY @ JAYAPPA REDDY AGED ABOUT 51 YEARS 3. GEETHA D/O LATE JAYARAMA REDDY AGED ABOUT 44 YEARS R1 TO R3 ARE RESIDING AT DOOR NO.206, MAIN ROAD, KODIHALLI HAL 2ND STAGE, AIRPORT ROAD BENGALURU-560 008. 4. SRI A VENKATESH @ A VENKATESH REDDY S/O LATE ANNAIAH REDDY AGED ABOUT 62 YEARS RESIDING AT DOOR NO 206 KODIHALLI HAL 2ND STAGE AIRPORT ROAD,BENGALURU 560008. 5. SRI A SRINIVAS REDDY S/O LATE ANNAIAH REDDY AGED ABOUT 70 YEARS R/AT DOOR NO 231 MAIN ROAD, KODIHALLI ULSOOR POST KODIHALLI HAL II STAGE, BENGALURU 560008. 6. SMT SARASWATHAMMA D/O LATE ANNAIAH REDDY AGED ABOUT 74 YEARS GARDEN BAR AND RESTAURANT BUILDING HOSUR MAIN ROAD LAKKASANDRA BENGALURU 560027. 7. SMT UMA D/O LATE ANNAIAH REDDY W/O A S NARAYANA REDDY - 3 - NC: 2025:KHC:4869 WP No. 22957 of 2024 AGED ABOUT 68 YEARS R/AT DOOR NO 824 4TH BLOCK KORAMANGALA BENGALURU 560037. 8. SMT A SHANTHA D/O LATE ANNAIAH REDDY W/O NARASIMHA REDDY AGED ABOUT 66 YEARS R/AT DOOR NO 34, MES COLONY KONENA AGRAHARA AIRPORT ROAD BENGALURU 560017. 9. SMT PREMA D/O LATE ANNAIAH REDDY W/O SAMPANGIRAMA REDDY AGED ABOUT 64 YEARS R/O OLD POLICE LANE NANAJAREDDY COLONY MURUGESHPALYA AIRPORT ROAD BENGALURU 560017. 10. SRI T KULASHEKARAN S/O THANDAVARAYAN AGED ABOUT 74 YEARS 11. SRI K PARTHIBAN S/O T KULASHEKARAN AGED ABOUT 40 YEARS 12. SRI K ANUBURASAN S/O T KULASHEKARAN AGED ABOUT 35 YEARS R10 TO R12 ARE RESIDING AT NO 10/5, GANDHINAGAR ROAD MUNNEKELALU VILLAGE BENGALURU 560037. 13. SRI MUNIKRISHMAPPA S/O LATE SRI MUNIKRISHNAPPA - 4 - NC: 2025:KHC:4869 WP No. 22957 of 2024 MAJOR, R/O SORAHUNASA VILLAGE VARTHUR HOBLI BENGALURU SOUTH TALUK-560087 14. SMT SUNITHA SINCE DEAD BY LRS NIKHILA D/O LATE SUNITHA AGED ABOUT 22 YEARS R/AT NO 206, KODIHALLI ULSOOR POST, HAL II STAGE BENGALURU 560008. 15. SMT SUNADA W/O A SRINIVAS REDDY MAJOR IN AGE R/AT NO 231, MAIN ROAD KODIHALLI ULSOOR POST HAL II STAGE, BENGALURU 560008. 16. P SATISH PAI S/O LATE NARASIMHA PAI MAJOR IN AGE R/AT 85/1 FIRST FLOOR SHIVA SHAKTHI, K H ROAD BENGALURU 560092. 17. P DAYANANDA PAI S/O LATE NARASHIMA PAI MAJOR IN AGE R/AT MADHUVAN, BELLARY ROAD BATARAYANAPURA BENGALURU-560 092 18. ABDUL RASHEED S/O LATE RAHIM SAHEB MAJOR IN AGE R/AT NO 85, SENSOR ROAD FRAZER TOWN, BENGALURU 560005. - 5 - NC: 2025:KHC:4869 WP No. 22957 of 2024 19. SMT MANDAKINI W/O LATE SOMASHEKAR MAJOR IN AGE HEMA NILAYA, K R MOHALLA BENGALURU 560036. 20. S BHARATH S/O LATE SOMASHEKAR MAJOR IN AGE HEMA NILAYA, K R MOHALLA BENGALURU 560036. 21. M/S MEDICAL RELIEF SOCIETY A SOCIETY REGISTERED UNDER THE SOCIETY REGISTRATION ACT HAVING ITS OFFICE AT MANIPAL HOSPITAL H A L AIRPORT ROAD BANGALORE- 560008 REPRESENTED BY ITS SECRETARY. 22. RAMAIAH REDDY S/O LATE CHINNAPPA REDDY AGED ABOUT 55 YEARS R/AT RAMAIAH REDDY COLONY SECTOR C BASAVANAGAR MARATHAHALLI POST BENGALURU 560037. …RESPONDENTS (BY SRI. MANJUNATH B S., ADVOCATE FOR R4 & R5: SRI CHANDAN K. ADVOCATE FOR C/16 & R21: SRI M S ASHWIN KUMAR, ADVOCATE FOR R7 & R9: NOTICE TO R2,6, 8, 14, 18 AND R22 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 22.07.2024 PASSED BY THE COURT OF PRINCIPAL CITY CIVIL AND SESSION JUDGE AT BENGALURU ON IA NO. 1/2024 IN O.S.NO. 4235/2002 VIDE ANNEXURE-F AND ETC. - 6 - NC: 2025:KHC:4869 WP No. 22957 of 2024 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 the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 22.07.2024 passed by the Principal City Civil and Sessions Judge, Bengaluru on IA No.1/2024 in O.S.No.4235/2002 filed by the plaintiffs under Order VI Rule 17 of CPC for permission to amend the plaint. 2. The plaintiffs filed a suit for partition and separate possession. On service of summons, the defendants filed written statement. When the matter was posted for arguments, the plaintiffs filed an application under Order VI Rule 17 of CPC seeking amendment. The same has been rejected. Being aggrieved by the same, the plaintiffs are before this Court. 3. Learned counsel for the petitioners/plaintiffs contended that the plaintiffs have not sought for setting - 7 - NC: 2025:KHC:4869 WP No. 22957 of 2024 aside the sale deed, their only prayer is to declare that the sale deed is not binding on them. Therefore, it is not barred by limitation under Article 59 of the Limitation Act. 4. He further contended that, immediately after the same came to the knowledge of the plaintiffs they have filed this application. There is no delay in filing the amendment application. 5. Per contra, learned counsel for the respondents/ defendants contended that in the written statement filed by the defendants in the year 2012 they have taken a contention regarding the alienation of the property. After a lapse of 12 years, the application has been filed and the same is barred by limitation. Therefore, the trial court has rightly rejected the application. 6. Be that as it may. Since the property involved in the sale is also suit schedule property, both the parties have submitted that, in respect of limitation is concerned, let there be an issue before the trial court and the same - 8 - NC: 2025:KHC:4869 WP No. 22957 of 2024 may be considered along with the other issues and subject to that, the amendment can be allowed. 7. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 22.07.2024 passed on IA No.1/2024 in O.S.No.4235/2002 by the Principal City Civil and Sessions Judge, Bengaluru is set aside. (iii) IA No.1/2024 filed by the plaintiffs under Order VI Rule 17 of CPC is allowed. (iv) The trial court is directed to frame an additional issue as to whether the relief of declaration sought by the plaintiff is barred by limitation and the same may be considered along with the other issues in the main matter, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM/List No.: 1 Sl No.: 32