- 1 - NC: 2025:KHC:548 WP No. 35936 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35936 OF 2024 (GM-CPC) BETWEEN: SRI KUMAR YADAV S/O LATE C RADHAKRISHNAN PILLAI AGED ABOUT 55 YEARS R/AT NO 4, 1ST FLOOR 3RD CROSS, RAMAIAH LAYOUT KAMMANAHALLI BENGALURU 560084 …PETITIONER (BY SRI. DILIP KUMAR I S.,ADVOCATE) AND: 1. SMT SHAMALA R D/O LATE C RADHAKRISHNAN PILLAI AGED ABOUT 59 YEARS R/AT NO 12, MAMUNDI PILLAI STREET SHIVACHENTY GARDEN BENGALURU 560042. 2. SMT USHA KARTHIKEYAN D/O LATE C RADHAKRISHNAN PILLAI AGED ABOUT 56 YEARS R/AT 4/17, K K COMPLEX,MC ROAD NEAR POLICE STATION PALLIKANADO R F, VELLORE TAMIL NADU 635809. 3. SMT MEENA KUMARI S/O LATE C RADHAKRISHNAN PILLAI AGED ABOUT 48 YEARS R/AT NO 4, GROUND FLOOR 3RD CROSS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:548 WP No. 35936 of 2024 F MAIN, RAMAIAH LAYOUT KAMMANAHALLI, BENGALURU 560084 …RESPONDENTS (BY SRI. G R MOHAN., ADVOCATE FOR R1 & R2: NOTICE TO R3 IS DISPENSED WITH V/O DATED: 08.01.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 13/12/2024 PASSED IN OS 26400/2022 ON THE FILE OF 72ND ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-73) AT BENGALURU, ON IA NO. 8/2024 FILED BY THE PETITIONER UNDER ORDER 6 RULE 17 R/W SECTION 151 OF CPC PRODUCED AT ANNEXURE-A AND CONSEQUENTLY ALLOW THE IA NO.8/2024 AND PERMIT THE PETITIONER TO AMEND THE WRITTEN STATEMENT AS SOUGHT FOR IN IA NO. 8/2024 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 Articles 226 and 227 of the Constitution of India is filed by the petitioner-defendant No.1 challenging the order dated 13.12.2024 passed by the LXXII Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.8/2024 filed under Order 6 Rule 17 read with - 3 - NC: 2025:KHC:548 WP No. 35936 of 2024 Section 151 of CPC in O.S.No.26400/2022, whereby the Trial Court has dismissed the said application. 2. The plaintiffs filed the suit for partition and separate possession. After issuance of suit summons, the defendants have appeared through counsel and filed written statement. Defendant No.1 has taken a specific contention that the Item No.1 of the suit schedule property is his self acquired property. On the basis of the same, the Trial Court has framed issues. The matter is posted for evidence. At this stage, the defendant No.1 has filed I.A.No.8/2024 under Order 6 Rule 17 of CPC as a counter claim. The Trial Court, by impugned order has dismissed the said application on the ground that there is already a direction issued by this Court in W.P.No.953/2024 for disposal of the suit within one year from 09.02.2024 and the Trial Court has also given a finding that there is already a pleading in the written statement and issues have been framed. Being aggrieved, the present petition is filed. - 4 - NC: 2025:KHC:548 WP No. 35936 of 2024 3. Be that as it may, defendant No.1 has already taken a specific contention in the written statement. Hence, in order to avoid multiplicity of proceedings, it is necessary to allow the application filed under Order 6 Rule 17 of CPC. 4. In this view of the matter, the approach adopted by the Trial Court is incorrect and it needs to be corrected in terms of supervisory jurisdiction vested under Article 227 of Constitution of India. Therefore, the impugned order is liable to be set aside. 5. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 13.12.2024 passed by the LXXII Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.8/2024 filed under Order 6 Rule 17 read with Section 151 of CPC in O.S.No.26400/2022 is set aside. c) I.A.No.8/2024 filed by defendant No.1 is allowed. - 5 - NC: 2025:KHC:548 WP No. 35936 of 2024 d) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than eight months from the date of receipt of copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 23