- 1 - HC-KAR NC: 2025:KHC-D:18048 WP No. 107802 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEDGE WRIT PETITION NO. 107802 OF 2024 (GM-CPC) BETWEEN: 1. SMT. NIRMALA W/O. RUDRAPPA GUTTAL, AGE. 41 YEARS, OCC. HOUSEHOLD, R/O. SHARANAYYA LAYOUT, NEAR SAI MANDIR, KADARMANDALAGI ROAD, TQ. BYADAGI, DIST. HAVERI-581110. 2. NAGARAJ S/O. SHANKRAPPA BANAKAR, AGE. 38 YEARS, OCC. BUSINESS, R/O. BASAVESHWAR NAGAR, TQ. BYADAGI, DIST. HAVERI-581110. 3. SMT. RATNAVVA W/O. SHIDDALINGAPPA HARAVI, AGE. 56 YEARS, OCC. HOUSEHOLD, R/O. SHARANAYYA LAYOUT, NEAR SAI MANDIR, HYADALA, TQ. HOOVINHADAGALI, DIST. VIJAYANAGAR-583104. 4. SMT. NEELAMMA W/O. PARVATAGOUDA SALIGOUDAR, AGE. 54 YEARS, OCC. HOUSEHOLD, R/O. SHARANAYYA LAYOUT, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2025.12.16 11:21:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18048 WP No. 107802 of 2024 NEAR SAI MANDIR, DEVIHOSUR, TQ. AND DIST. HAVERI-581110. …PETITIONERS (BY SRI. V.S. KALASURMATH, ADVOCATE) AND: 1. GIRISH S/O. RUDRAPPA SANKAMMANAVAR, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. KATENHALLI, TQ. AND DIST. HAVERI-581110. 2. PRAVEEN S/O. RUDRAPPA SANKAMMANAVAR, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. KATENHALLI, TQ. AND DIST. HAVERI-581110. 3. SMT. SHAILA W/O. SANKAPPA CHATRAD, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. SAINT JOHN SCHOOL, KADARMANDALAGI ROAD, TQ. BYADAGI, DIST. HAVERI-581110. …RESPONDENTS (BY SMT. P.R. BENTUR, ADVOCATE FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 15-10-2024 PASSED ON I.A. NO.9 FILED UNDER ORDER 6 RULE 17 READ WITH SECTION 151 OF CPC FOR AMENDMENT TO THE PLAINT PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, BYADAGI IN O.S. NO. 119/2022 VIDE ANNEXURE-A. THIS PETITION COMING ON FOR FURTHER PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18048 WP No. 107802 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) In a suit for partition, the plaintiff filed an application seeking amendment of the plaint. At Paragraph No.8, the plaintiffs have stated that the property is the self-acquired property. The plaintiffs wanted to delete that word and wanted to maintain a contention that it is the ancestral property. 2. This application was objected by the defendants and the Trial Court has accepted the objection and has rejected the application on the premise that the amendment does not make any change in the outcome. 3. However, the Court is of the view that in case, the petitioner intends to make a certain statement of this nature by way of an amendment and as it does not cause prejudice to the defendants and it supports the case of the defendants, same should be permitted. - 4 - HC-KAR NC: 2025:KHC-D:18048 WP No. 107802 of 2024 4. Under the circumstances, the following: ORDER i. Writ petition is allowed. ii. The impugned order dated 15.10.2024 is set aside. iii. The petitioners are permitted to carry out amendment. iv. Respondents if wish to file additional written statement are permitted to file it. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT-MCK LIST NO.: 1 SL NO.: 80