- 1 - HC-KAR NC: 2025:KHC:44410 WP No. 7505 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7505 OF 2021 (GM-CPC) BETWEEN: 1. ASHWATH NARAYANA S/O LATE BYATARAYAPPA AGED ABOUT 62 YEARS. 2. 2a. 2b. SATHYANARAYANA S/O LATE BYATARAYAPPA EXPIRED ON 24.04.2023. SMT. VEENASHRI K.V. W/O LATE SATHYANARAYANA AGED ABOUT 42 YEARS. KUMARI KEERTHANA SHREE PRIYA S S/O LATE SATHYANARAYANA AGED ABOUT 7 YEARS REPRESENTED BY MOTHER & NATURAL GUARDIAN SMT. VEENASRI K.V. RESIDING AT NIDAGATTA VILLAGE KASABA HOBLI, MALLUR TALUK KOLAR DISTRICT - 563 130. …PETITIONERS (BY SRI B. SHARATH KUMAR, ADV.) AND: 1. SMT. LAKSHMAMMA @ LAKSHMAKKA D/O BYATAPPA @ BYATARAYAPPA AGED ABOUT 61 YEARS W/O CHANNARAYAPPA RESIDENT OF GANGAPPA VILLAGE NANDAGUDI HOBLI, HOSAKOTE TALUK BANGALORE NORTH TALUK - 562 114. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44410 WP No. 7505 of 2021 2. SMT. KANTHAMMA W/O LATE GOPAIAH MAJOR IN AGE D/O LATE CHIKKANARASAPPA R/O NIDAGATTA VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SRI S. SUBRAMANYA, ADV, FOR R-1; SRI G.R. ANANTHRAM, ADV., FOR R-2) THIS W.P. IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 17.03.2021 PASSED ON I.A.NO.23 IN O.S.NO. 389/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT MALLUR, ANNX-A AND ALLOW THE PETITION GRANTING PERMISSION TO AMEND THE WRITTEN STATEMENT BY ALLOWING THE ABOVE I.A.NO.23. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant nos.1 and 2 are before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 17.03.2021 passed on I.A.No.XXIII in O.S.No.389 of 2011 by the Court of Senior Civil Judge and JMFC, Malur vide Annexure-A. 2. Heard learned counsel appearing for the parties. 3. Suit in O.S.No.389 of 2011 (old O.S.No.206 of 2008) is filed by respondent no.1 herein before the - 3 - HC-KAR NC: 2025:KHC:44410 WP No. 7505 of 2021 jurisdictional Civil Court at Malur. In the said suit, contesting defendants have filed their written statement. I.A.No.XXIII was filed by defendant nos.1 and 2 under Order VI Rule 17 r/w Section 151 of CPC, with a prayer to incorporate proposed paragraph number 9(a), immediately after paragraph no.9 in their written statement. The said application was opposed by the plaintiff by filing objections. The trial Court, vide the order impugned dated 17.03.2021 has dismissed I.A.No.XXIII and being aggrieved by the same, defendant nos.1 and 2 are before this Court. 4. It is not in dispute that suit in O.S.No.389 of 2011 is pending before the trial Court at the stage of recording of plaintiff's evidence. At the said stage, application in I.A.No.XXIII is filed on behalf of defendant nos.1 and 2 seeking permission of the trial Court to amend their written statement by incorporating proposed paragraph no.9(a). The proposed paragraph number 9(a) in I.A.No.XXIII reads as follows: "9.(a). the defendant no 1 and 2 submits that plaintiff with the active collusion with 3rd defendant filed above suit describing plaint schedule properties 1 to 13 excluding the claim made by 3rd defendant in O.S.No 24/2011 on the basis of created and concocted - 4 - HC-KAR NC: 2025:KHC:44410 WP No. 7505 of 2021 unregistered settlement deed dated 28.03.1985. The defendant no 1 and 2 submits as per judgement and decree dated 30.01.2020 the said un-registered Settlement deed has been negatived by this Hon'ble court. The defendant no 1 and 2 further submits that the defendant no 1 and 2 have preferred regular appeal before Hon'ble District and Session Judge Kolar and same is pending for final adjudication. The defendant no 1 and 2 submits that entire properties involved in the O.S.No 24/2011 are also very much necessary in-order to decide real controversy between parties and non inclusion of those properties in the above suit, the suit filed by the plaintiff suffers for non-inclusion of all the properties belong to chikkanarasappa. Apart from the above Chikkanarasappa are not the subject matter in the above suit and the suit filed by the plaintiff for partial partition is not maintainable and same is liable to be dismissed in limine." 5. From a reading of the proposed amendment, it is apparent that defendant nos.1 and 2 intend to bring on record about the judgment and decree passed in O.S.No.24 of 2011 by the jurisdictional Civil Court. For the purpose of bringing on record the fact of judgment and decree passed in O.S.No.24 of 2011, amendment of written statement is not required. On the other hand, defendant nos.1 and 2 during the course of their evidence can produce and mark the judgment and decree - 5 - HC-KAR NC: 2025:KHC:44410 WP No. 7505 of 2021 passed in O.S.No.24 of 2011 as an exhibit. The suit is of the year 2008 and the plaint as well as the written statement are already amended multiple times. Under the circumstances, I do not find any illegality or irregularity in the order passed by the trial Court. Therefore, I refuse to entertain this petition. 6. Accordingly, the petition is dismissed. 7. It is needless to state that the trial Court shall make endeavours to dispose of the suit on merits as expeditiously as possible. 8. Learned counsel for the petitioners submits that sum of Rs.5,000/- has been deposited by petitioner no.2 before this Court and petitioner no.2(a), who is the legal representative of petitioner no.2 may be permitted to withdraw the said amount. 9. Learned counsel for the respondents fairly do not oppose the prayer made by learned counsel for the petitioners. 10. Therefore, registry is directed to return the aforesaid amount of Rs.5,000/- deposited by deceased respondent no.2 in favour of petitioner no.2(a), who is the legal - 6 - HC-KAR NC: 2025:KHC:44410 WP No. 7505 of 2021 representative of petitioner no.2, who shall produce necessary document in support of her identity. 11. All pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 17