- 1 - NC: 2025:KHC:12023 WP No. 25674 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25674 OF 2024 (GM-CPC) BETWEEN: SMT K NIRMALA PRIYADARSHINI W/O DR. KRISHNEGOWDA D/O LATE K.R.KRISHNAPPA (GURIKAR) AGED ABOUT 60 YEARS PRESENTLY RESIDING AT NO.151, 3RD CROSS SAPTHAGIRI RESIDENCY MUTTHURAYANAGARA GNANABHARATHI WARD BENGALURU – 560059. …PETITIONER (BY SRI. ANANDA K., ADVOCATE) AND: SRI K MANJUNATHA S/O K.R. KRISHNAPPA (GURIKAR) AGED ABOUT 62 YEARS PRESENTLY R/AT MALEKOTE RAMANAGARA ROAD NEAR STONE FACTORY KANAKAPURA TOWN RAMANAGARA DISTRICT – 562159. …RESPONDENT (BY SRI. SADASHIVAIAH K G., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12023 WP No. 25674 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 27.08.2024 PASSED ON I.A.NO.1/24 AND I.A.NO. 2/24 IN O.S.NO. 7255/2010 BY THE LEARNED XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-32) BENGALURU AT ANNEXURE-H AND ALLOW THE SAID I.A.NO.1/24 AND I.A.2/24 FILED IN O.S.NO. 7255/2010 AS PRAYED THEREIN AT ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 plaintiff under Article 227 of the Constitution of India, challenging the order dated 27.08.2024 passed on IA Nos. 1 and 2 of 2024 in O.S.No.7255/2010 by the XX Additional City Civil and Sessions Judge, Bengaluru City (CCH-32), whereby his request for correction of the judgment and decree and the plaint has been rejected. 2. The plaintiff filed a suit for partition and separate possession. The suit was decreed by judgment and decree dated 31.07.2023. Being aggrieved by the same, defendant filed an appeal before the I Appellate Court and - 3 - NC: 2025:KHC:12023 WP No. 25674 of 2024 the same is pending consideration. In the meantime, the petitioner/plaintiff noticed that there is a change of property number, i.e., suit item No.10 in the BBMP records. Therefore, he filed applications for amendment of the plaint as well as correction of judgment and decree. 3. As per Section 152 of CPC, even after the judgment and decree is passed, if there is a mistake noticed, the same can be corrected by the court by amending the plaint and the decree, if two factors are satisfied, the application must be bonafide and the same should not cause injustice to the other party and it should not affect the right already accrued to the defendant. 4. In the application, the plaintiff has given the following reasons: “I submit that, recently, I found the document along with other papers, i.e., the Katha Certificate dated -01.07.2006 issued by BBMP in respect of the property bearing No.17/1 (Old No.75) PID No.60-128-17/1 situated at 23rd B Cross road, 3rd Block, Jayanagara East, Bengaluru and the - 4 - NC: 2025:KHC:12023 WP No. 25674 of 2024 said Katha Certificate was standing in the name of Smt.A.C.Lalitha. I submit that, since, name of my mother was mentioned in the said document which has created confusion in my mind regarding the correct number of item No.10 of Schedule ‘A’ property and therefore, I immediately approached the concerned BBMP official and got verified the same. I submit that, the concerned BBMP official after verifying the same, has clarified that, the property number and PID number mentioned in the said Katha Certificate dated 01.07.2006 is the correct property number and PID number of Item No.10 of Schedule ‘A’ property. The copy of the Katha Certificate dated 01.07.2006 is herewith produced for the kind perusal of this Hon’ble Court.” 5. The plaintiff has also made a specific contention that the suit schedule property item No.10 and the property which is mentioned in the application are one and the same. The defendant has also no objection for allowing the application. Under the circumstances, the trial court erred in dismissing the application. 6. In view of the above, the following order is passed: - 5 - NC: 2025:KHC:12023 WP No. 25674 of 2024 (i) The writ petition is allowed. (ii) The order dated 27.08.2024 passed on IA Nos.1/2024 and 2/2024 in O.S.No. 7255/2010 by the XX Additional City Civil and Sessions Judge, Bengaluru is set aside. (iii) IA Nos.1/2024 and 2/2024 filed by the plaintiff under Section 152 of CPC and Order 6 Rule 17 r/w 151 of CPC are allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 57