- 1 - NC: 2025:KHC:7640 WP No. 29199 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 29199 OF 2024 (GM-CPC) BETWEEN: SRI. C. R. SATHYANARAYANA S/O LATE CHANNAGIRI RANGAPPA AGED ABOUT 82 YEARS R/AT NO.68/1 TO 4 RANGA MAHAL, II MAIN P.J. EXTENSION, DAVANGERE-577002. …PETITIONER (BY SRI. PATIL BHARATI TAMMANAGOUDA.,ADVOCATE) AND: SRI. C. S. SHARATH KUMAR S/O C.R. SATHYANARAYANA AGED ABOUT 48 YEARS R/O 68/1 TO 4, RANGA MAHAL II MAIN, P.J. EXTENSION DAVANGERE-577002. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 06.08.2024 PRODUCED AT ANNEXURE-A PASSED ON I.A.NO.40 UNDER ORDER 6 RULE 17 OF CODE OF CIVIL PROCEDURE FILED BY THE RESPONDENT IN O.S.NO. 13 OF 2017 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANAGERE AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7640 WP No. 29199 of 2024 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.1 challenging the order dated 06.08.2024 passed by the I Addl. Senior Civil Judge & JMFC, Davanagere, on I.A.No.40 filed by the plaintiff under Order 6 Rule 17 read with Section 151 of CPC in O.S.No.13/2017, whereby the Trial Court has allowed the said application. 2. The plaintiff filed the suit for partition and separate possession. On service of suit summons, the defendants have appeared and filed written statement. After completion of evidence of parties, the plaintiff has filed I.A.No.40 seeking amendment to plaint to include some of the properties. In a suit filed for partition and separate possession, all the joint family properties have to be included in the plaint. If the defendants have any grievance that the properties are not joint family - 3 - NC: 2025:KHC:7640 WP No. 29199 of 2024 properties, he can take such a defence by filing written statement. By allowing the amendment application, it will not cause any prejudice to the rights of the defendants. Therefore, the Trial Court after considering all these aspects has rightly allowed the said application filed by the plaintiff. 3. Viewed from any angle, there is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 4. Accordingly, the writ petition is dismissed. 5. However, the Trial Court is directed to dispose of the suit as expeditiously as possible. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 18