- 1 - HC-KAR NC: 2025:KHC:52122 WP No. 17107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 17107 OF 2025 (GM-CPC) BETWEEN: 1. K M PRASAD S/O MUNIGANGAIAH, AGED ABOUT 38 YEARS, R/AT K.R.S AGRAHARA, KUNIGAL TOWN, TUMKUR DISTRICT - 572130. …PETITIONER (BY SRI. SRINIVASA MURTHY S R.,ADVOCATE) AND: 1 2. 3. T R SUSHEELAMMA, SINCE DEAD BY HER LRs. SMT.PRABHAVATHI.K.S. AGED ABOUT 69 YEARS, W/O K.S.MALLESHA, K.S.MALLESHA, S/O SIDDALINGAPPA @ UMESHA, AGED ABOUT 55 YEARS, K.S.HEMAVATHI, D/O SIDDALINGAPPA @ UMESHA, AGED ABOUT 65 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52122 WP No. 17107 of 2025 4. 5. VINUTHA.K.S. D/O SIDDALINGAPPA @ UMESHA, AGED ABOUT 63 YEARS, MAMATHA.K.S. D/O SIDDALINGAPPA @ UMESHA, AGED ABOUT 63 YEARS, ALL ARE R/AT K.R.S. AGRAHARA, KUNIGAL TOWN, TUMKUR DISTRICT, PIN - 572130. …RESPONDENTS (BY SRI.E.I.SANMATHI., ADVOCATE FOR C/RESPONDENT) THIS WP IS UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASHING THE ORDER PASSED BY THE CIVIL JUDGE, SR. DVN. KUNIGAL FILED IN IA (NOT NUMBERED) IN R.A.NO.25/2020 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT KUNIGAL VIDE ORDER DT.27.5.2024 AS PER ANNEXURE-A.(B) INCLUDING THE COST OF THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioner and learned counsel for the respondent. - 3 - HC-KAR NC: 2025:KHC:52122 WP No. 17107 of 2025 2. This petition is filed by the petitioner/appellant, being aggrieved by the rejection of his application in RA No.25/2020 passed by the Additional Senior Civil Judge and JMFC, Kunigal, whereby the petitioner/appellant filed an application under Rule No. 41 Rule (2) read with Section 96 of the Code of Civil Procedure to amend his appeal memorandum and include paragraph No.12(a) after paragraph No.12. The appellate Court has rejected the application. Hence, the petitioner/appellant is before this Court seeking to set aside the same. 3. It is the vehement contention of learned counsel for the petitioner/appellant that the grounds on which the amendment is sought to include an additional paragraph namely 12(a), as the additional grounds to the appeal, would not hamper or cause any inconvenience or hardship to the respondents herein. The same ought to have been allowed and permitted the respondents to file any objections or argue the matter on the said additional grounds that were sought to be incorporated. - 4 - HC-KAR NC: 2025:KHC:52122 WP No. 17107 of 2025 4. During the course of arguments, learned counsel for the respondents, who is a caveator, submits that the ground so urged could be permitted subject to the respondents being given liberty to object to the same by way of filing a written submission in view of the fact that the matter is presently reserved for judgment and listed on 10.12.2025. Therefore, he does not have much objection to this petition being allowed and the amendment being incorporated and the respondent being provided an opportunity to urge the same in the written submissions/arguments, and thereafter, on taking on record both the proposed amendment and incorporation that is sought by the petitioner and the objection or by way of written submissions to the said grounds, the appellate Court could take on record both and hear the matter and pass suitable orders. 5. Therefore, both the learned counsels submit that there may not be a requirement for further arguing the matter, as arguments are concluded, and at that stage - 5 - HC-KAR NC: 2025:KHC:52122 WP No. 17107 of 2025 the present application was filed. Therefore, the same could be accepted and taken on record and the appellate Court could consider the same and the written submissions of the respondent as well and proceed to pass orders. Accordingly, I pass the following order. ORDER The petition is disposed of. 2. The amendment sought by the petitioner/appellant is permitted to be incorporated. 3. The appellate Court shall also accept the written submissions of both the parties and amendment and proceed to pass orders thereafter in accordance with law. 4. In view of the fact that the matter is now posted for judgment, a week's time is granted to both the parties to complete their written submissions with regard to the amendment of the grounds and objections, if any, to the same. - 6 - HC-KAR NC: 2025:KHC:52122 WP No. 17107 of 2025 5. A week's time is granted, pursuant to which within a week's time thereafter for filing the written submission. Thereafter, the appellate Court shall decide the matter expeditiously, as nothing further remains for consideration; it shall be in the time frame within 4 weeks thereafter. 6. In view of the order passed today by this Court, the learned counsel for both the parties shall file a memo to that effect before the trial Court and proceed further in the matter. 7. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 4