- 1 - HC-KAR NC: 2025:KHC-D:16077 WP No. 105589 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105589 OF 2025 (GM-CPC) BETWEEN: RAMANAGOUDA S/O BHARAMAPPA PATIL, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. NEREBENCHI, TQ. KUSHATAGI, DIST. KOPPAL. … PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. HANAMEGOUDA S/O SHARANAPPA PATIL, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. NEREBENCHI, TQ. KUSHTAGI DIST. KOPPAL. 2. MALLANAGOUDA S/O HANAMAPPA PATIL, AGE. 65 YEARS, OCC. AGRICULTURE, R/O. NEREBENCHI, TQ. KUSHTAGI, DIST. KOPPAL. … RESPONDENTS (BY SRI. ANAND R. KOLLI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO SET-ASIDE THE ORDER DATED 01.07.2025 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, KUSHTAGI O.S. NO.32/2019 PASSED ON I.A. NO.VII FILED UNDER ORDER VI RULE 17 R/W SECTION 151 OF CPC AND ALLOW INTERIM APPLICATION FILED I.A. NO.VII UNDER ORDER VI RULE 17 R/W SECTION 151 OF CPC AS PER ANNEXURE-A. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16077 WP No. 105589 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 01.07.2025 passed on I.A.No.VII filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 19081, in O.S.No.32/2019 on the file of Additional Civil Judge, Kushtagi2. 3. In terms of the impugned order, the Trial Court has rejected the application seeking amendment of the plaint. 4. The suit was filed by one Kalamma Patil against Hanmegouda and another for partition and separate possession. Kalamma Patil died during the pendency of the suit. The present petitioner came on record as the testamentary heir of Kalamma Patil on the basis of an alleged Will dated 18.01.2019. The 1 For short, ‘Code’ 2 For short, ‘Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:16077 WP No. 105589 of 2025 defendants have opposed the said application. The Trial Court rejected the application on the premise that unless Kalamma’s right is decided, the petitioner cannot be brought on record. 5. The Court is of the view that the approach of the Trial Court is incorrect. Order XXII Rule 5 of the Code provides the procedure for ascertaining the legal representative when any party dies during the pendency of the suit. 6. Since the plaintiff died and the petitioner claims to be her legatee, the Trial Court ought to have held an inquiry relating to the alleged Will said to have been executed in favour of the petitioner, as contemplated Order XXII Rule 5 of the Code. In case execution of the Will is established, the petitioner should be permitted to come on record as the plaintiff. 7. Hence, the following: ORDER a) The writ petition is allowed. b) The order dated 01.07.2025 passed on I.A.No.VII filed under Order VI Rule 17 read - 4 - HC-KAR NC: 2025:KHC-D:16077 WP No. 105589 of 2025 with Section 151 of the Code of Civil Procedure, 1908, in O.S.No.32/2019 on the file of Additional Civil Judge, Kushtagi, is set aside. c) The matter is remitted to the Trial Court for reconsideration. d) The Trial Court shall hold inquiry under Order XXII Rule 5 of the Code, and in case the alleged Will is established, the petitioner shall be permitted to prosecute the suit as a legal representative of deceased plaintiff. e) In case Will is established then the legatee will have to establish original plaintiff’s title over the property. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 69