- 1 - NC: 2025:KHC:1322 WP No. 29197 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 29197 OF 2024 (GM-CPC) BETWEEN: MR RAMESH AGED ABOUT 34 YEARS S/O LATE BUDDAPPA R/AT GUDISIHALLI VILLAGE MANDIKAL HOBLI CHIKKABALLAPURA TALUK-562104 …PETITIONER (BY SRI. MOHANA CHANDRA P.,ADVOCATE) AND: 1. SMT. PADMA @ V PADMA @K. PADMA W/O M.V. SURESH D/O K. KONDAPPA AGED ABOUT 44 YEARS R/AT MYLAPPANAHALLI VILLAGE NANDI HOBLI, CHIKKABALLAPURA TALUK-562101. 2. MR. BUDDAPPA S/O LATE NARASIMHAIAH SINCE DEAD REP. BY HIS LR’S MR. SRINIVASA AGED ABOUT 37 YEARS S/O LATE BUDDAPPA 3. MR. LAKSHMAIAH AGED ABOUT 34 YEARS S/O LATE BUDDAPPA R2 AND R3 ARE RESIDING AT GUDISIHALLI VILLAGE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1322 WP No. 29197 of 2024 MANDIKAL HOBLI CHIKKABALLAPURA TALUK-562104 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED: 24-07-2024 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, GUADIBANDE ON IA NO. 5 FILED UNDER ORDER VI RULE 1 OF CPC IN OS NO. 13/2020 VIDE ANNEXURE-G AND CONSEQUENTLY ALLOW IA NO. 5 FILED UNDER ORDER VI RULE 17 OF CPC BY THE PETITIONER VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner/defendant No.3, challenging the order dated 24.07.2024 passed by the Civil Judge and JMFC, Gudibande on I.A.No.5 filed under Order VI Rule 17 read with Section 151 of CPC in O.S.No.13/2020, whereby the trial Court has dismissed the said application. - 3 - NC: 2025:KHC:1322 WP No. 29197 of 2024 2. The petitioner has filed the suit for permanent injunction. 3. After service of summons, defendant No.3 appeared through his counsel and filed a written statement, contending that the suit schedule property is a joint family property. Thereafter, he filed I.A.No.5 under Order VI Rule 17 read with Section 151 of CPC for amendment of the plaint. By this amendment, defendant No.3 seeks to remove the admission made in the earlier written statement and contend that the suit-scheduled property is granted land to defendant No. 3. 4. By way of amendment, defendant No.3 seeks to remove the admission made in the earlier written statement, which cannot be permitted by filing an amendment application. The trial Court has rightly dismissed the application holding that it amounts to withdrawal of the admission. - 4 - NC: 2025:KHC:1322 WP No. 29197 of 2024 5. Therefore, there is no error or illegality in the order dated 24.07.2024 passed by the Civil Judge and JMFC, Gudibande on I.A.No.5 filed under Order VI Rule 17 read with Section 151 of CPC in O.S.No.13/2020. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 8