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2025 DAILYLAW 57735 (KAR)

SMT. SHEELA SINCE DEAD BY HER LRS SMT. SAVITHA v. SMT. KAMALAMMA

WP/1973/2024 · 2025-07-29

Jyoti Mulimani

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29043 WP No. 1973 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 1973 OF 2024 (GM-CPC) BETWEEN: 1. SMT. SHEELA SINCE DEAD BY HER LR'S., SMT. SAVITHA W/O RAVI, D/O LATE NINGAIAH @ COFFEE, AGE 41 YEARS, 2. SMT. JYOTHI W/O MUNIYAPPA, D/O LATE NINGAIAH @ COFFEE, AGED ABOUT 38 YEARS, BOTH ARE R/AT HOSAKOPPALU VILLAGE, CHIDARAVALLI POST, SOSALE HOBI, T.NARASIPUA TALUK, MYSURU DISTRICT-571 24. …PETITIONERS (BY SRI.RAJA.L., ADVOCATE) AND: SMT. KAMALAMMA W/O LATE NINGAIAH @ COFFEE, AGED ABOUT 66 YEARS, HOSAKOPPALU VILLAGE, CHIDARAVALLI POST, SOSALE HOBLI, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29043 WP No. 1973 of 2024 T-NARASIPURA TALUK, MYSURU DISTRICT-571 1224. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Raja.L., counsel for the petitioner has appeared in person. 2. Though the petition is listed today for orders regarding furnishing of PF, with the consent of counsel for the petitioner, it is heard. 3. The order dated 08.11.2023 passed by the Prl. Civil Judge and JMFC, Malavalli on I.A.No.5 in O.S.No.409/2018 vide Annexure-G is called into question in this Writ Petition on several grounds asset-out in the Memorandum of Writ Petition. 4. Counsel for the petitioner has urged several contentions. Heard the arguments and perused the writ papers with care. - 3 - HC-KAR NC: 2025:KHC:29043 WP No. 1973 of 2024 5. The short point that requires consideration is whether the order of the Trial Court requires interference. 6. The issue revolves around the amendment application. Suffice it to note that the plaintiff filed a suit seeking the relief of Partition and Separate Possession of their legitimate half share in the suit schedule properties. The plaintiff applied under Order 6 Rule 17 of CPC permit her to amend the property number as 339/5, 339/2 and 339/9 instead of 399/5, 399/2 and 399/9 contending that there is a typographical error and hence, the property number has been wrongly mentioned. Defendants 2 and 3 opposed the application. The Trial Court allowed the application. The parties to the lis are family members. When queried, counsel Sri.Raja.L., on instruction submits that the property number is 339 and not 399. The order passed by the Trial Court permitting the plaintiff to amend the survey numbers will not change the nature of the suit. The order passed by the Trial Court is just and proper. The petition is devoid of merits and is liable to be dismissed. - 4 - HC-KAR NC: 2025:KHC:29043 WP No. 1973 of 2024 7. Accordingly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 2