- 1 - HC-KAR NC: 2025:KHC-D:16765 WP No. 102855 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.102855 OF 2022 (GM-CPC) BETWEEN: 1. SMT. BHARATI W/O. LATE VIJAY KAMANURI AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O-CTS NO. 4905/120 4905/119-F TANAJI GALLI, BELAGAVI-590001 TQ AND DIST. BELAGAVI. 2. SHRI. VIDYASAGAR S/O VIJAY KAMANURI AGE. 39 YEARS, OCC. PRIVATE SERVICE, R/O-CTS NO. 4905/120 4905/119-F TANAJI GALLI, BELAGAVI-590001, TQ AND DIST. BELAGAVI. 3. SMT. VIDYAWATI W/O. YOGESHWAR WALI AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: CTS NO. 4905/120+4905/119, TANAJI GALLI, BELAGAVI-590001, TQ AND DIST: BELAGAVI. 4. SMT. GEETA W/O. MAHANTESH PATIL AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: CTS NO. 4905/120+4905/119, TANAJI GALLI, BELAGAVI-590001, TQ AND DIST: BELAGAVI. …PETITIONERS (BY SRI. DEEPAK S.KULKARNI, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16765 WP No. 102855 of 2022 AND: 1. SHRI. MADAN W/O. GURUSHANTAPPA KAMANURI, AGE: 60 YEARS, OCC: BUSINESS, R/O: CTS NO. 4905/120+4905/119, TANAJI GALLI, BELAGAVI-590001, TQ AND DIST: BELAGAVI. 2. SMT. ANUSUYA W/O. KADAPPA GUNDI SINCE DECEASED BY HER LR’s., 2(a). BASAVARAJ S/O. KADAPPA GUNDI AGE: 56 YEARS, OCC: BUSINES, R/O: CTS NO. 43/48, TANAJI GALLI, BELAGAVI-590001, TQ & DIST: BELAGAVI. 2(b). VISHALAKSHI W/O. SHASHIKANT MUGALI AGE: 50 YEARS, OCC: HOUSEHOD WORK, R/O: CTS NO. 43/48, TANAJI GALLI, BELAGAVI-590001, TQ AND DIST: BELAGAVI. 3. SMT. JAYASHRI W/O. GANGAPPA MISHRIKOTI AGE: 67 YEARS, OCC: HOUSEHOLD, R/O. YAMAKANMARDI, TQ: HUKKERI, DIST: BELAGAVI-591246. 4. SMT. VISHALAKSHI W/O. CHANABASPPA YALIGAR, SINCE DECEASED BY HER LR’s., 4(a). SMT. MADHURI W/O. GOPI KARANGALE AGE: 37 YEARS, OCC: HOUSEWIFE, R/O. BIROBAMALA PANT MANDIR, NIPANI-591237, TQ: CHIKODI, DIST: BELAGAVI. 4(b). SMT. AMRUTA W/O. SUNIL KHOT - 3 - HC-KAR NC: 2025:KHC-D:16765 WP No. 102855 of 2022 AGE: 35 YEARS, OCC: HOUSEWIFE, R/O. KHOT GALLI, CHIKHALI KASABA, CHIKHALI, DIST: KOLHAPUR-416235. 5. SMT. NALINI W/O. APPASAHEB HUDDAR AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. MARKET YARD, BELAGAVI-591307, TQ AND DIST: BELAGAVI. 6. BHUSHAN S/O. RAJENDRA KONNURE AGE: 35 YEARS, OCC: SERVICE, R/O. GADHINGLAJ, DIST: KOLHAPUR, STATE MAHARASHTRA-416502. 7. AMAR S/O. RAJENDRA KONNURE AGE: 34 YEARS, OCC: SERVICE, R/O. GADHINGLAJ, DIST: KOLHAPUR, STATE- MAHARASHTRA-416502. …RESPONDENTS (BY SRI. VITTHAL S.TELI, ADVOCATE FOR R1; NOTICE TO R2(a AND b), R3, R5, R6 AND R7 IS DISPENSED WITH; NOTICE TO R4(a) AND R4(b) IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS DATED 13-04-2022 PASSED IN O.S.NO.262/2018 BY THE HON’BLE V ADDITIONAL CIVIL JUDGE AND JMFC, BELAGAVI, IN RESPECT OF DISMISSAL OF I.A.NO.15 FILED UNDER ORDER VI RULE 17 R/W SECTION 151 OF CPC TO CARRY OUT NECESSARY AMENDMENT IN THE PLAINT, THE COPY OF THE SAID ORDER DATED 13-04-2022 IS HEREWITH FURNISHED AS PER ANNEXURE-A, AS THE SAME HIGHLY PERVERSE AND ILLEGAL. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:16765 WP No. 102855 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing an order dated 13.04.2022 passed on I.A.No.15 in O.S.No.261/2012 by the learned V Additional Civil Judge., Belagavi, wherein the petitioners’ application seeking amendment to incorporate one property as the suit property in a suit for partition and separation, was rejected. 2. The Court has rejected application filed in I.A.No.15 on the premise that the plaintiffs have admitted in the cross-examination that the suit property is the self-acquired property of the father and the father had executed a registered gift deed in favour of defendant No.3 in the year 1985 and the said gift deed is not under challenge. 3. Since the gift deed is not under challenge and since it is admitted that the suit property is the self- acquired property of the father, amendment is - 5 - HC-KAR NC: 2025:KHC-D:16765 WP No. 102855 of 2022 rightly rejected is the submission of the learned counsel appearing for the respondents-defendants. 4. It is noticed that, at this juncture, no such admission is brought to the notice of the Court, wherein, the plaintiffs have stated that the property which is sought to be incorporated by way of an amendment, is the self-acquired property of the plaintiffs’ father. 5. Assuming that the said property is the joint family property, then even without a challenge to the gift deed, the suit for partition is maintainable. 6. Under the circumstances, the Trial Court could not have rejected application for amendment. Hence, the following: ORDER i. The petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:16765 WP No. 102855 of 2022 ii. Impugned order dated 13.04.2022 passed on I.A.No.15 in O.S.No.261/2012 by the learned V Additional Civil Judge, Belagavi is set-aside. iii. The plaintiffs are permitted to amend the plaint. iv. The defendants are at liberty to file additional written statement. v. It is made clear that the Court has not expressed any opinion that the property sought to be incorporated as ‘‘B’ schedule’ is the joint family property. Whether it is joint family property or self-acquired property, is a matter to be decided by the Trial Court without being influenced by any of the observations made in this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM Ct:vh List No.: 2 Sl No.: 19