- 1 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 30907 OF 2025 (GM-CPC) BETWEEN: 1. RATHNAMMA D/O MUNIYAPPA AGED ABOUT 50 YEARS. 2. VENKATESHAPPA S/O. MUNIYAPPA, AGED ABOUT 60 YEARS. BOTH PETITIONERS ARE RESIDING BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. …PETITIONERS (BY SRI N.VAGEESHA, ADVOCATE) AND: 1. GOWRAMMA D/O LATE PILLAPPA AGED ABOUT 77 YEARS R/AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 RATHNAPPA SINCE DEAD BEING REPRESENTED BY HIS LEGAL REPRESENTATIVES. 2. SMT. PILLAMMA W/O. RATHNAPPA, AGED ABOUT 54 YEARS R/AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. 3. VENKATESHAPPA, S/O LATE RATHNAPPA AGED ABOUT 54 YEARS, RESIDING AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. 4. JUNJAPPA S/O. LATE RATHNAPPA AGED ABOUT 52 YEARS R/AT BALENAHALLI VILLAGE, HOSAKOTE TALUK, SULIBELE HOBLI BENGALURU RURAL DISTRICT – 562 114. 5. SMT. BHAGYAMMA D/O LATE RATHNAPPA, W/O. KRISHNAPPA, AGED ABOUT 50 YEARS R/AT MALLAPURA VILLAGE, SHIDALGHATTA TALUK, CHIKKABALLAPURA DISTRICT – 562 105. 6. SHIVA, S/O LATE RATHNAPPA, - 3 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 AGED ABOUT 48 YEARS, R/AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. 7. SRINIVAS S/O.LATE RATHNAPPA AGED ABOUT 46 YEARS R/AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. 8. CHENNAKESHAVA, S/O.LATE RATHNAPPA AGED ABOUT 44 YEARS R/AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. 9. SMT. CHENNAMMA D/O LATE VENKATARAMANAPPA, AGED ABOUT 70 YEARS. 10. SMT. RATHNAMMA, W/O.LATE VENKATESHAPPA AGED ABOUT 50 YEARS. 11. SRI VENUGOPAL S/O LATE VENKATESHAPPA, AGED ABOUT 36 YEARS. 12. SRI. HARISH S/O. LATE VENKATESHAPPA AGED ABOUT 34 YEARS. - 4 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 RESPONDENTS NO.9 TO 12 ARE RESIDING AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. SMT. ANUSUYA SINCE DEAD BEING REPRESENTED BY HER LEGAL REPRESENTATIVES 13. SRI SAGAR, S/O LATE ANUSUYA, AGED ABOUT 30 YEARS 14. KUM. DIVYA S/O. LATE ANUSUYA, AGED ABOUT 30 YEARS RESPONDENTS NO.13 AND 14 ARE RESIDING AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. 15. SMT. PUSHPA D/O LATE VENKATESHAPPA, AGED ABOUT 36 YEARS R/AT MANCHONAHALLI VILLAGE, GOWRIBIDANUR TALUK – 561 211. 16. SMT. LAKSHMAMMA D/O.LATE VENKATARAMANAPPA AGED ABOUT 65 YEARS. 17. SMT. VENKATAMMA, D/O.LATE VENKATARAMANAPPA AGED ABOUT 60 YEARS. - 5 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 18. SMT. AKAYAMMA W/O.LATE VENKATARAMANAPPA AGED ABOUT 85 YEARS. RESPONDENTS NO.16 TO 18 ARE RESIDING AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. SMT. DODDAMUNIYAMMA SINCE DEAD BEING REPRESENTED BY HER LEGAL REPRESENTATIVES 19. SMT.JAYAMMA DAUGHTER IN LAW OF SMT. DODDA MUNIYAMMA W/O.LATE VENKATESHAPPA AGED ABOUT 98 YEARS 20. SRI MANJUNATH GRANDSON OF SRI. DODDAMUNIYAPPA S/O. LATE VENKATESHAPPA, AGED ABOUT 50 YEARS. 21. SRI SUBRAMANI GRAND SON OF SRI. DODDAMUNIYAPPA S/O. LATE VENKATESHAPPA, AGED ABOUT 45 YEARS. 22. SMT. CHANDRAKALA GRAND DAUGHTER OF SRI DODDAMUNIYAPPA W/O SRI RAJASHEKAR, AGED ABOUT 40 YEARS - 6 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 RESPONDENTS NO.19 TO 22 ARE RESIDING AT K.G.PURA VILLAGE, CHEEMANGALA POST JANGAMAKOTE HOBLI, SHIDDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT – 562 102. 23. SMT. CHANNAMMA D/O. LATE JUTTAPPA AGED ABOUT 70 YEARS R/AT SHETTIHALLI VILLAGE K.SATHYAVARA POST, NANDUGUDI HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 562 122. SRI MUNIYAPPA SINCE DEAD BEING REPRESENTED BY HIS LEGAL REPRESENTATIVES WHO ARE ALREADY ON RECORD 24. SRI. NARAYANASWAMY S/O MUNIYAPPA AGED ABOUT 42 YEARS, RESIDING AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. SMT. CHANNAMMA SINCE DEAD BEING REPRESENTED BY HER LEGAL REPRESENTATIVES 25. GOVINDAPPA S/O.LATE CHANNAMMA - 7 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 AGED ABOUT 65 YEARS. 26. NARAYANASWAMY S/O LATE CHANNAMMA AGED ABOUT 63 YEARS 27. CHENNAPPA S/O LATE CHANNAMMA AGED ABOUT 61 YEARS 28. ERAGOWDA S/O LATE CHANNAMMA AGED ABOUT 60 YEARS 29. KRISHNAPPA S/O.LATE CHANNAMMA AGED ABOUT 58 YEARS. 30. SRINIVAS S/O LATE CHANNAMMA AGED ABOUT 54 YEARS RESPONDENTS NO.25 TO 30 ARE RESIDING AT BALENAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. 31. SRI MANJUNATHA REDDY S/O RAMAIAH AGED ABOUT 51 YEARS. 32. SMT. SHOBHA W/O.LATE VENKATESHA REDDY AGED ABOUT 48 YEARS. - 8 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 RESPONDENTS NO.31 AND 32 ARE RESIDING AT NO.212, 19TH B CROSS, KAGGADASAPURA, C.V.RAMAN NAGAR POST, BENGALURU – 560 093. …RESPONDENTS THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. QUASHING ORDER DATED 23/07/2025 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC, HOSAKOTE IN O.S.NO.15/2015 ON I.A.NO. 17, PRODUCED AT ANNEXURE –E; 2. CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER 6 RULE 17 READ WITH 151 OF CPC (I.A.NO.17) IN O.S.NO. 15/2015 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, HOSAKOTE, PRODUCED AT ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present writ petition has been filed seeking to challenge an order dated 23.07.2025, passed by the II Additional Civil Judge and JMFC, Hosakote, in I.A.No.17, in O.S.No.15/2015. By the Impugned Order, I.A.No.17 filed under Order VI Rule 17 read with Section 151 of the CPC, filed by the plaintiffs was rejected. - 9 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 2. The learned Trial Court has given a finding that since the amendment sought for deletion of item No.1 of the suit scheduled properties from the subject matter of the suit, is an ancestral property, and being ancestral property in a suit for partition, the rights in such property is required to be agitated. Thus the amendment application was dismissed. 3. Learned counsel for the petitioners submits that the petitioners have settled their disputes qua Item No.1 of the suit scheduled properties, hence the prayer for its deletion. It is contended that the application was rejected despite no party having an objection to the same, inasmuch as that a “No Objection” were already filed to the application by defendant Nos.16 to 18 (subsequent purchasers). In addition, despite affording an opportunity, defendant Nos.8, 10, 13 to 15 have not filed any objection either. He submits that he would be able to place on record the “No Objection” of the remaining defendants as well, since all these defendants have already sold the properties to defendant Nos.16, 17 and 18. 4. In view of the aforegoing, it is directed that, in the event “No Objections” are produced by the petitioners as stated above, - 10 - HC-KAR NC: 2025:KHC:51106 WP No. 30907 of 2025 the learned Trial Court shall examine the same and proceed to adjudicate the application afresh. 5. The writ petition is disposed of, in the aforegoing terms. (TARA VITASTA GANJU) JUDGE NVJ/List No.: 1 Sl No.: 12 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNATAKA, BENGALURU