- 1 - NC: 2025:KHC:5570 WP No. 35479 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35479 OF 2024 (GM-CPC) BETWEEN: 1. SRI. MANJE GOWDA SON OF LATE VENKATEGOWDA AGED ABOUT 65 YEARS 2. SMT JAYANTHI W/O MANCHEGOWDA AGED ABOUT 55 YEARS 3. SRI NAVEEN S/O MANCHEGOWDA AGED ABOUT 21 YEARS ALL ARE R/AT TEJURU VILLAGE KASABA HOBLI, HASSAN TALUK 572201 …PETITIONERS (BY SRI. LOKESHA M P.,ADVOCATE) AND: 1. SMT. RENUKA T M D/O MANCHEGOWDA AGED ABOUT 34 YEARS 2. SRI KIRAN KUMAR T M S/O MANCHEGOWDA AGED ABOUT 31 YEARS 3. SRI ARUN KUMAR T M S/O MANCHEGOWDA AGED ABOUT 29 YEARS R1 TO R3 ARE R/AT AGASARAHATTI VILLAGE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5570 WP No. 35479 of 2024 KASABA HOBLI ALURU TALUK 573213. 4. SMT NEELAMMA W/O MANCHEGOWDA AGED ABOUT 60 YEARS R/AT AGASARAHATTI VILLAGE KASABA HOBLI, ALURU TALUK 573213. 5. SMT RENUKAMMA W/O HARISH AGED ABOUT 42 YEARS R/AT ANNEGANAHALLI VILLAGE KASABA HOBLI, HASSAN TALUK 572201 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 PF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION FOR QUASHING ANNEXURE-A THE ORDER DATED: 26.11.2024 PASSED ON IA NO. 16 UNDER ORDER VI RULE 17 OF CPC IN OS NO. 208/2021, ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE AND CJM AT HASSAN AND BE PLEASED TO ALLOW THE SAID IA NO. 16 IN OS NO. 208/2021 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 petitioners-plaintiff Nos.1 to 3 challenging the order dated 26.11.2024 passed - 3 - NC: 2025:KHC:5570 WP No. 35479 of 2024 by the Prl. Senior Civil Judge and CJM, Hassan, on I.A.No.16 filed by defendant No.3 under Order 6 Rule 17 of CPC in O.S.No.208/2021, whereby the Trial Court has rejected the said application with cost. 2. The plaintiffs filed the suit for partition and separate possession. After service of suit summons, the defendants appeared and filed written statement on 23.11.2021. On the basis of the pleadings of the parties, the Trial Court has framed issues. Thereafter, the defendant No.3 has filed I.A.No.16 under Order 6 Rule 17 of CPC on 16.10.2024 seeking for amendment of written statement. The Trial Court by impugned order has rejected the application. Being aggrieved by the said order, the present petition is filed by defendant Nos.1 to 3. 3. Heard the learned counsel for the petitioner. Perused the writ papers. 4. The evidence of the plaintiffs before the Trial Court has been completed and the matter is now posted for - 4 - NC: 2025:KHC:5570 WP No. 35479 of 2024 evidence of defendants. At this stage, the defendant No.3 has filed I.A.No.16 under Order 6 Rule 17 of CPC on 16.10.2024 seeking for amendment of written statement, that too, after lapse of 3½ years. By filing the amendment application, the defendants want to withdraw the admission made in the written statement. The same cannot be permitted. 5. Therefore, the Trial Court after considering all these aspects has rightly rejected the said application filed by the defendants. 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. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 4