- 1 - HC-KAR NC: 2025:KHC:50549 WP No. 8205 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8205 OF 2021 (GM-CPC) BETWEEN: SRI C.A. VASUDEVA GUPTHA S/O LATE SRI C.V. ANANDA SETTY AGED ABOUT 72 YEARS CHAIRMAN M/S MANARS BUILDING COMPLEX PVT. LTD. DOOR NO.2897, ANANDA NILAYA 3RD CROSS, MALALDAKARI MSYORE - 570 024. …PETITIONER (BY SRI KESHAVA BHAT A, ADV.) AND: 1. SRI M.L. DHANUSH S/O M.R. LOKESH AGE MAJOR RESIDING AT DOOR NO.299 K.R. HOSPITAL RAOD LASHKAR MOHALLA MYSORE - 570 001. 2. SHANTHALA W/O LATE M.R. RAMESH AGED ABOUT 48 YEARS. 3. M.R. JAGADESH S/O LATE M.R. RAMESH AGED ABOUT 29 YEARS. 4. SRI M.R. LOKESH S/O M.P. RAMACHANDRACHAR AGED ABOUT 53 YEARS. 5. SRI M.R. DINESH S/O M.P. AMACHANDRACHAR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50549 WP No. 8205 of 2021 AGED ABOUT 52 YEARS. 6. M.R. VASANTHA D/O M.P. AMACHANDRACHAR AGED ABOUT 49 YEARS. 7. SMT. SHARADAMMA W/O M.P. RAMACHANDRACHAR AGED ABOUT 72 YEARS. RESPONDENTS 2 TO 7 ARE RESIDING AT DOOR NO.299 K.R. HOSPITAL ROAD LASHKAR MOHALLA MYSORE - 570 001. 8. SYNDICATE BANK THE MANAGER K.R. CIRCLE DEVARAJA MOHALLA MYSORE - 570 001. …RESPONDENTS (R-1, R-4, R-5, R-7 & R-8 SERVED & UNREPRESENTED; V/O DTD 07.08.2025, NOTICE TO R-2, R-3 & R-6 ARE H/S) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING FOR IMPUGNED ORDER OF THE VII ADDL.SR.CIVIL JUDGE AND JMFC MYSURU DATED 05.02.2021 ON IA NO.16 IN OS NO.410/2010 (VIDE ANNEXURE-A) AND ALSO THE ORDER OF THE IV ADDL.SR.CIVIL JUDGE AND JMFC, MYSURU DATED 25.03.2019 ON IA NO.2 IN OS NO.410/2010 VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2025:KHC:50549 WP No. 8205 of 2021 ORAL ORDER 1. Defendant no.7 has filed this writ petition under Article 227 of the Constitution of India, with a prayer to set aside the order dated 05.02.2021 passed on IA.No.16 filed in O.S.No.410/2010 by the Court of IV Addl. Senior Civil Judge & JMFC, Mysuru. 2. Heard the learned Counsel for the petitioner. Respondents who are served in the matter, have remained unrepresented before this Court. 3. Suit in O.S.No.410/2010 is filed before the jurisdictional Civil Court by respondent no.1 herein along with his sister deceased M.R.Shylaja who has died during the pendency of the suit, seeking the relief of partition and separate possession of the suit schedule property. Petitioner herein is arrayed as defendant no.7 in the said suit. 4. IA.No.2 was filed on behalf of the petitioner in O.S.No.410/2010 under Order I Rule 10(2) CPC with a prayer to strike out the names of defendant nos.6 & 7 and also to - 4 - HC-KAR NC: 2025:KHC:50549 WP No. 8205 of 2021 delete Item no.2 from the plaint schedule and also to delete prayer column in (b)(i). 5. The said application was opposed by the plaintiff by filing objections. 6. The Trial Court vide the order dated 25.03.2019 had allowed IA.No.2. Subsequently, IA-16 was filed on behalf of the petitioner under Section 152 CPC with a prayer to amend the operative portion of the order dated 25.03.2019 passed on IA.No.2. 7. The said application was also opposed by the plaintiff by filing objections. 8. The Trial Court vide the order impugned dated 05.02.2021 has rejected the said application. Being aggrieved by the same, petitioner is before this Court. 9. IA.No.2 was filed in O.S.No.410/2010 on behalf of defendant no.7 under Order I Rule 10(2) of CPC. In the said application, a prayer was made to strike out the names of defendant nos.6 & 7 from the plaint and other records, and - 5 - HC-KAR NC: 2025:KHC:50549 WP No. 8205 of 2021 delete Item no.2 from the plaint schedule and also the prayer column in (b)(i) in the suit. In the affidavit filed in support of the said application, the Chairman of defendant no.7-Company who is the successful purchaser of Item no.2 of the plaint schedule property in a public auction that was held by defendant no.6-Bank, has stated that the sale made in his favour was confirmed by the Hon'ble Supreme Court in SLP(C).Nos.16591-592/2015 and SLP(C).Nos.19883-884/2015 by order dated 30.10.2017, and therefore, the said properties are not available for partition. 10. IA.No.2 was allowed by the Trial Court vide order dated 25.03.2019. However, having allowed IA.No.2, the Trial Court had directed the plaintiff to strike out the names of defendant nos.6 & 7 only, though a prayer was made in IA.No.2 even to delete Item no.2 from the plaint schedule property and also prayer column in (b)(i) of the suit. It is under these circumstances, IA-16 was filed invoking Section 152 CPC with a prayer to amend the operative portion of the order dated 25.03.2019 passed on IA.No.2 by giving a direction to delete - 6 - HC-KAR NC: 2025:KHC:50549 WP No. 8205 of 2021 Item no.2 from the plaint schedule and also prayer column in (b)(i). 11. The Trial Court has rejected the said application on the ground that there is no discussion regarding the said aspect of the matter in the order that was passed allowing IA.No.2. In my considered opinion, the said approach of the Trial Court is not justified. IA.No.2 has been allowed in its entirety and the prayer made in IA.No.2 is very clear, wherein the prayer is made not only to strike the names of defendant nos.6 & 7 from the plaint, but also to delete Item No.2 from the plaint schedule and also prayer column in (b)(i) in the suit. The said prayer was made in IA.No.2 having regard to the order passed by the Hon'ble Supreme Court in SLP(C).Nos.16591-592/2015 and SLP(C).Nos.19883-884/2015 dated 30.10.2017, confirming the sale of Item No.2 of suit schedule property in favour of defendant no.7. While passing the order on IA.No.2, the Trial Court has taken note of the aforesaid order passed by the Hon'ble Supreme Court and based on the same, IA.No.2 was allowed. Under the circumstances, I am of the opinion that the - 7 - HC-KAR NC: 2025:KHC:50549 WP No. 8205 of 2021 Trial Court was not justified in rejecting IA.No.16. Accordingly, the following order: 12. Writ petition is allowed. The impugned order dated 05.02.2021 passed on IA.No.16 filed in O.S.No.410/2010 by the Court of IV Addl. Senior Civil Judge & JMFC, Mysuru, is set aside. Consequently, the prayer made in IA.No.16 is granted. Sd/- (S VISHWAJITH SHETTY) JUDGE KK