- 1 - NC: 2025:KHC:8366 WP No. 22707 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22707 OF 2024 (GM-CPC) BETWEEN: 1. SMT MAYAMMA W/O LATE NINGAIAH AGED 91 YEARS R/AT NORTH BANK CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT PIN-571455. 2. SMT PREMA W/O LATE RAJE GOWDA AGED ABOUT 61 YEARS R/AT NORTH BANK CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT PIN-571455. 3. SRI RAGHU AGED ABOUT 38 YEARS S/O LATE RAJEGOWDA R/AT NORTH BANK CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT PIN-571455. 4. SRI SHIVAKUMAR S/O LATE RAJEGOWDA R/AT NORTH BANK CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT PIN-571455. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8366 WP No. 22707 of 2024 5. SMT JAYALAKSHMI W/O NARAYANA D/O NINGAIAH AGED ABOUT 62 YEARS OLD POST OFFICE ROAD NEAR NYAYABELE ANGADI C/O JAGGA,ELAWALA VILLAGE MYSURU TALUK PIN-570016. …PETITIONERS (BY SRI. ROHITH SWAMY.,ADVOCATE) AND: 1. LATE B S PARVATHAMMA SINCE DEAD BY LRS ON RECORD SMT K L SHARADHA D/O LATE K M LAXMEGOWDA AGED ABOUT 57 YEARS R/AT 601 MIG-1 HUDCO, 1ST STAGE LAKSHMIKANTH NAGAR HEBBAL MYSURU PIN-570017. 2. SMT. K L MANJULA W/O VISHWANATH AGED 55 YEARS R/AT 601 MIG-1 HUDCO, 1ST STAGE LAKSHMIKANTH NAGAR HEBBAL MYSURU PIN-570017. 3. SMT. K L JAGADHAMBA W/O HEMANTH KUMAR D/O LATE K M LAXMEGOWDA AGED 52 YEARS R/AT 601 MIG-1 HUDCO, 1ST STAGE LAKSHMIKANTH NAGAR HEBBAL MYSURU PIN-570017. 4. SMT K L SUJATHA D/O LATE K M LAXMEGOWDA AGED ABOUT 48 YEARS R/AT 601 MIG-1 HUDCO, 1ST STAGE - 3 - NC: 2025:KHC:8366 WP No. 22707 of 2024 LAKSHMIKANTH NAGAR HEBBAL MYSURU PIN-570017. 5. K L VENKATESH MURTHY S/O LATE K M LAXMEGOWDA AGED ABOUT 48 YEARS R/A AT 601 MIG-1 HUDCO,1ST STAGE LAKSHMIKANTH NAGAR HEBBAL MYSURU PIN-570017. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED IN IA NO.3, DATED: 18.07.2024 IN RA.5019/2023 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT SRI RANGA PATNA, PRODUCED AT ANNEXURE-A AND REMAND THE MATTER BACK TO THE TRAIL COURT FOR FRESH DISPOSAL OF THE APPEAL 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 appellants-petitioners, challenging the order dated 18.07.2024 passed by the III Additional District and Sessions Judge, Srirangapatna on I.A.No.3 in R.A.No.5019/2023, whereby the trial Court has rejected the said application. 2. The respondents herein have filed the suit for partition and separate possession in respect of the suit - 4 - NC: 2025:KHC:8366 WP No. 22707 of 2024 schedule property. The suit has been decreed in favour of the plaintiffs. Being aggrieved by the same, the petitioners have filed an appeal before the III Additional District and Sessions Judge, Srirangapatna in R.A. No.5019/2023. During the pendency of the appeal, the defendants have filed I.A.No.3 under Order VI Rule 17 of the CPC for amendment of the appeal memo by including the schedule property, which was already included in the plaint but omitted in the appeal memo. The First Appellate Court by order dated 18.07.2024 rejected the said application. Being aggrieved by the same, the petitioners are before this Court in this writ petition. 3. Since the appeal is a continuous process of the suit and in the suit filed by the respondents herein, there is already a schedule mentioned, it is not necessary for the same suit schedule property to be mentioned in the appeal memo. Therefore, the First Appellate Court was justified in dismissing the application. There is no error or illegality in the order dated 18.07.2024 passed by the III Additional - 5 - NC: 2025:KHC:8366 WP No. 22707 of 2024 District and Sessions Judge, Srirangapatna on I.A.No.3 in R.A.No.5019/2023. 4. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 19