- 1 - HC-KAR NC: 2025:KHC:23089 WP No. 31631 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 31631 OF 2024 (GM-CPC) BETWEEN: SHRI. T.A. SANJAY, S/O LATE T.S. ANNUBASAPPA, AGED ABOUT 57 YEARS, R/AT NO.1480, IST FLOOR, LALITHA NILAYA, IV B MAIN ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BENGALURU - 560 086. …PETITIONER (BY SRI. V.B. SHIVA KUMAR, ADVOCATE) AND: 1. SMT. T.A. PRATHIBHA DEVI, W/O T.T. MANJUNATH, D/O LATE T.S. ANNUASAPPA, AGED ABOUT 59 YEARS, AMULYA NILAYA, 1ST CROSS, 2ND MAIN ROAD, SIDDARAMESHWARA EXTENSION EAST, TUMKURU - 572 103. ALSO AT SMT. T.A. PRATHIBHA DEVI, W/O T.T. MANJUNATH, D/O LATE T.S. ANNUASAPPA, AGED ABOUT 59 YEARS, NO. 1480, GROUND FLOOR, LALITHA NILAYA, IV 'B' MAIN ROAD, W.C. ROAD, MAHALAKSHMIPURAM, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23089 WP No. 31631 of 2024 BENGALURU - 560 086. 2. SMT. T.A. KAVITHA RANI, W/O N.R. PRAKASH, D/O LATE T.S. ANNUBASAPPA, NO. 1480, GROUND FLOOR, LALITHA NILAYA, IV B MAIN ROAD, W.C. ROAD, MAHALAKSHMIPURAM, BENGALURU - 560 086. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 24.08.24 ON IA NOS. 4/22 AND 5/22 FILED BY THE PETITIONER IN O.S NO. 8697/2015 PASSED BY THE XV ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (ANNEXURE-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner-defendant is at the doors of this Court calling in question an order dated 24.08.2024 passed on I.A.Nos.4/2022 and 5/2022 in O.S.No.8697/2015. 2. Heard Sri.V.B.Shivakumar, learned counsel appearing for the petitioner and have perused the material on record. - 3 - HC-KAR NC: 2025:KHC:23089 WP No. 31631 of 2024 3. The petitioner is the defendant, the respondent is the plaintiff. A suit is filed seeking partition and separate possession claiming 1/3rd share by the plaintiff on 25.11.2020. Written statement is preferred by the petitioner and pleaded execution of a registered Will and related documents. The Will is said to have come into effect on 17.03.2025 and later on a Gift Deed executed. Based on the said plaint and the written statement, issues are framed and the matter was set to trial. During the trial, an application is filed under Order VI Rule 17 of the CPC seeking amendment of the plaint and an additional prayer. The suit is for partition. Generally, when an application is preferred at the fag end of the trial seeking amendment of the plaint, this Court would not step in and allow such a process. The amendment now sought would in no way change the nature of the suit, as the amendment is for incorporation of a paragraph of fact and in furtherance of the said paragraph, the prayer reads as follows: "4) Add following (b) and (c) prayer after prayer (a) in the prayer column, and renumber existing prayer (b) and (c) as (d) and (e) respectively. (b) Hold that the Will dated 17-03-2015 bearing No. VJN- 3-00311-2014-15 registered at Sub-Registrar - 4 - HC-KAR NC: 2025:KHC:23089 WP No. 31631 of 2024 Rajajinagara (Vijayanagara) is not binding on plaintiff's share in suit schedule property. (c) Hold that the gift deed dated 13-01-2015 bearing No. RMN-1-08829-2014-15 registered at Sub-Registrar Ramanagara, Ramanagara district is not binding on plaintiff's share in suit schedule property. 5) Add in schedule "B" from the blank place of Site No. and delete the words "at Mysore Road, from Pinake Developpers, measuring north to south 30ft and east to west 40ft as follows" No.131/47, Manchanayakanahalli Village, Manchanayakanahalli Grama Panchyath, Bidadi Hobli, Ramanagar District, measuring East to West 18.288 Meters (60ft), North to South 12.192 meters (40 ft), bounded on East by : 40ft Road, West by : Narayanaswamy's Land, North by : Site No.131/48. South by : Site No.131/46. 6) Add Schedule 'C' after 'B' Schedule all the piece and portion of site to be allotted by the BDA in lieu of acquisition of revenue site bearing site No.25/1, house list No.144.56, measuring about east to west 70 ft and north to south 40+62/2, situated at Nuggalipalya village, Ullal, Mallattahalli Grama Panchayat, Yeshwanthpur Hobli, Bengaluru North Taluk, Bengaluru District." 4. The concerned Court allows the said application in the peculiar facts of the case owing to the fact that it would not change the nature of the claim made by the plaintiff before the concerned Court. The order of the concerned Court allowing the application is based on the following reasons: - 5 - HC-KAR NC: 2025:KHC:23089 WP No. 31631 of 2024 "4. Point No.1:- This is a suit filed by the plaintiffs against the defendants for the relief of permanent injunction against the defendants. The plaintiff in the affidavit filed in support of I.A.No.4/2022 and 5/2022 stated that they came to know about the gift deed dated 13.01.2015 and Will dated 17.03.2015 with respect to suit schedule-A property only after filing of written statement by the defendant on 05.03.2016. The plaintiff submitted that after coming to know about the above said gift deed and Will he wanted to challenge the same by way of seeking amendment in the suit, but this Hon'ble Court orally directed the defendant to settle the issue and accordingly on 21.02.2017 the matter was referred to Mediation Centre and the matter is not settled and this Court proceeded with the matter from 27.07.2017. The plaintiff submitted that when the case is posted for cross-examination of D.W.1 and the D.W.1 in his evidence dated 12.07.2022 produced the certified copy of the Will and gift deed and obtained the certified copy of Will and gift deed dated 08.08.2022. The plaintiff submitted that from the above said reason, he is prevented from filing the necessary application for amendment to challenge the gift deed and Will as contended by the defendant in the written statement. The plaintiff stated that there is a delay of 1319 days in filing this application. 5. The defendant filed objection stating that the amendment sought by the plaintiff induct a new cause of action which will plant a new case altogether. The defendant submitted that the amendment seeks to insert two new prayers and re-numbered the existing prayer is not only per-posterous but also admits to insert an altogether new case on hand. The plaintiff admittedly intends to insert the amendment sought in the application i.e. para No.3, 7 (a) after para-7. para-7(b), 7 (a) and to add prayer B, C prayer after prayer A in the prayer column and re-numbered existing prayer-B and Cas D & E respectively and also intends to insert schedule-B and C properties. The plaintiff intends to submit some facts which he came to know the said fact after production of Will and gift deed by the defendant in the written statement. Admittedly the plaintiff has sought declaration of Will and gift and also inserting two properties in the amendment which does not change the - 6 - HC-KAR NC: 2025:KHC:23089 WP No. 31631 of 2024 nature of suit, but further relief in the suit. Regarding limitation the defendant can argue the point of limitation at the time of filing argument. Moreover, the defendant has every right to file additional written statement on the amended plaint. In the interest of justice and better adjudication of the matter in dispute, it is necessary to allow I.A.No.4 and 5 on payment of cost. above reasons, I hold points No.1 and 2 in the Affirmative. 6. Point No.2:- In view of the above discussion on point No.1, I proceed to pass the following :- ORDER IA No. 4/22 and I.A.No.5/22 are allowed. The plaintiff is permitted to carry out amendment of plaint. Call for amended plaint by 21.09.2024." 5. I do not find any perversity to interfere in exercise of my jurisdiction under Article 227 of Constitution of India to obliterate the order. The petition lacking in merits, stands rejected. SD/- (M.NAGAPRASANNA) JUDGE rv List No.: 2 Sl No.: 1 CT: BHK