- 1 - HC-KAR NC: 2025:KHC:52905 WP No. 15476 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15476 OF 2021 (GM-CPC) BETWEEN: C.K. SHILPASHREE W/O YELLAPPA REDDY AGED ABOUT 42 YEARS R/O 5TH CROSS, KANAKANAGAR TARAMANDALA CHITRADURGA - 577 501. …PETITIONER (BY SRI VIJAYAKUMAR S.C, ADV.) AND: 1. YASHOWDAMMA W/O LATE KRISHANA REDDY AGED ABOUT 69 YEARS R/O GUDDADA RANGAVANAHALLI CHITRADURGA TALUK & DISTRICT - 501. 2. C.K. SRINIVASAREDDY S/O LATE KRISHANA REDDY AGED ABOUT 47 YEARS GOVERNMENT HIGHER MIDDLE SCHOOL, MUSTUR VILLAGE - 577 528 JAGALUR TALUK DAVANAGERE DISTRICT. 3. G.K. SATHISH KUMAR S/O LATE KRISHNANA REDDY AGED ABOUT 51 YEARS GUDDADARANGAVVANA HALLI - 577 539 CHITRADURGA TALUK & DISTRICT. …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52905 WP No. 15476 of 2021 (BY SRI SIDDESH H, ADV., for r-1 & r-2 (ABSENT); SRI KIRAN KUMAR P, ADV., FOR SRI M.T. JAGANMOHA A, ADV., FOR R-3) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS.QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED II ADDL CIVIL JUDGE AND JMFC CHITRADURGA ON IA NO.7 FILED BY THE PETITIONER UNDER ORDER 6 RULE 17 OF CPC IN O.S.NO.279/2017 DTD. 25.05.2021 AS PER ANNX-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. The plaintiff is 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 25.05.2021 passed on I.A.No.VII in O.S.No.279 of 2017 by Court of II Addl. Civil Judge & JMFC, Chitradurga. 2. Heard the learned counsel appearing for the parties. 3. Suit in O.S.No.279 of 2017 is filed by the petitioner herein before the jurisdictional civil Court at Chitradurga seeking the relief of partition and separate possession of the suit schedule property. The contesting defendants have filed written statement in the said suit and opposed the suit claim. - 3 - HC-KAR NC: 2025:KHC:52905 WP No. 15476 of 2021 When the suit was at the stage of cross-examination of PW1, I.A.No.VII was filed under Order VI Rule 17 of CPC by the plaintiff with a prayer to permit her to amend the schedule of the plaint. The said application was opposed by the contesting defendants by filing objection. The Trial Court, vide the order impugned has rejected the said application. Aggrieved by the same, the plaintiff is before this Court. 4. Perusal of the proposed amendment in I.A.No.VII would go to show that plaintiff has prayed to permit her to amend the schedule and rectify the description of the suit schedule properly. The proposed amendment will not change the nature of the suit nor the cause of action for the suit. I.A.No.VII was filed even before PW1 was completely cross- examined by the defendants. 5. It is trite that the Court should be liberal while considering an application seeking amendment of the pleadings so as to avoid multiplicity of litigation. The Trial Court has failed to appreciate this aspect of the matter and has rejected the application primarily for the reason that the same is filed at a belated stage when the suit was at the stage of cross- - 4 - HC-KAR NC: 2025:KHC:52905 WP No. 15476 of 2021 examination of PW1. The Trial Court has failed to appreciate that the proviso to Order VI Rule 17 of CPC is not a complete bar for entertaining an application which is filed after trial has commenced. The petitioner / plaintiff has stated that by oversight the description of the suit schedule property was wrongly mentioned in the schedule of the plaint and therefore, it necessitated filing of the application. Therefore, The trial Court was not justified in rejecting I.A.No.VII. The inconvenience caused to the contesting defendants could have been compensated monetarily by the Trial Court. Under the circumstances, I am of the opinion that the order impugned cannot be sustained. 6. Accordingly, the following:- ORDER (i) Writ petition is allowed subject to payment of cost of ₹.5,000/-. (ii) The impugned order dated 25.05.2021 passed on I.A.No.VII in O.S.No.279 of 2017 by Court of II Addl. Civil Judge & JMFC, - 5 - HC-KAR NC: 2025:KHC:52905 WP No. 15476 of 2021 Chitradurga is set aside and consequently the prayer made in I.A.No.VII is granted. (iii) The costs imposed shall be paid by the plaintiff to the contesting defendants before the Trial Court on next date of hearing before the Trial Court. Pending applications do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 29