- 1 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24836 OF 2025 (GM-CPC) BETWEEN: SRI MR SEETHARAM S/O LATE M.S RAMAIAH AGED ABOUT 69 YEARS NO.8, MSR ROAD, GOKULA HOUSE, GOKULA EXTENSION, BENGALURU NORTH, BENGALURU 560054 …PETITIONER (BY SRI. G.KRISHNA MURTHY, SENIOR COUNSEL FOR SMT. G. K. BHAVANA, ADVOCATE) AND: 1. DODDATHAMMAIAH S/O DYAVANAIAKA, AGED ABOUT 87 YEARS, MADAGALLI VILLAGE, YELAWALA HOBLI, MYSORE TALUK -571130 2. DEVAIAH S/O MARISWAMY, AGED ABOUT 42 YEARS, MADAGALLI VILLAGE, YELWAL HOBLI, MYSORE TALUK -571130 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 3. CHINNASWAMY S/O DYAVANAIAKA AGED ABOUT 82 YEARS, MADAGALLI VILLAGE, YELAWALA HOBLI, MYSORE TALUK -571130. 4. MARISWAMY S/O DYAVANAIAKA, AGED ABOUT 62 YEARS. MADAGALLI VILLAGE, YELAWALA HOBLL, MYSORE TALUK -571130 CHIKKATHAYANMA SINCE DEAD REPRESENTED BY HER L.RS 5. DHARMARAJA S/O CHIKKATHAYMMA R/AT GOHALLI VILLAGE, BILIKERE HOBALLI, HUNSUR, MYSURU TALUK - 571189 6. KUMAR B S/O CHIKKATHAYMMA R/AT GOHALLI VILLAGE, BILIKERE HOBALLI, HUNSUR, MYSURU TALUK - 571189 7. JAYARAMA S/O CHIKKATHAYMMA R/AT GOHALLI VILLAGE, BILIKERE HOBALLI, HUNSUR, MYSURU TALUK - 571189 DODDATHAYAMMA SINCE DEAD REPRESENTED BY LRS - 3 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 8. SWAMY S/O CHIKKANAYAKA AND LATE DODDATHAYAMMA RESIDING AT NAGARTHAHALLI VILLAGE, JAYAPURA HOBLL, MYSURU TALUK-570008. 9. SANNACHIKKANNA S/O CHIKKANAYAKA AND LATE DODDATHAYAMMA RESIDING AT NAGARTHAHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK-570008 10. MAHADEVI W/O PRASADI AGED ABOUT 50 YEARS, RESIDING AT SUNNADAKERI, K.R. MOHALLA, MYSORE-570004 11. SHIVASWAMY S/O MARISWAMY AGED ABOUT 48 YEARS MADAGALLI VILLAGE YELAWAL HOBLI, MYSORE TALUK-571130 12. VISHALAKSHI W/O KUMAR AGED ABOUT 46 YEARS VEERANAGERE, MYSORE-570001 13. MANI KANTA S/O MARISWAMY AGED ABOUT 40 YEARS MADAGALLI VILLAGE, - 4 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 YELWAL HOBLI, MYSORE TALUK-571130 14. JNANESHA S/O MARISWAMY, AGED ABOUT 37 YEARS. MADAGALLI VILLAGE, YELWAL HOBLI, MYSORE TALUK-571130 15. UDAYA, S/O MARISWAMY, AGED ABOUT 32 YEARS. MADAGALLI VILLAGE, YELWAL HOBLI, MYSORE TALUK-571130 16. THANUJA, W/O NAGARAJ, AGED ABOUT 30 YEARS, DANAGAHALLI JAYAPURA HOBLI, MYSORE TALUK -570008 17. SAVITHA D/O CHINNASWAMY W/O JAVARAPPA AGED ABOUT 44 YEARS YELAWALA HOBLI, R/AT KUMARABEEDU VILLAGE MYSORE TALUK -570026 18. AMAVASE S/O CHINNASWAMY AGED ABOUT 41 YEARS MADAGALLI VILLAGE YELWALA HOBLI, MYSORE TALUK -571130 19. DEVAMMA D/O CHINNASWAMY - 5 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 W/O DODDAMADANAYAKA AGED ABOUT 39 YEARS R/AT MAVINAHALLI VILLAGE, JAYAPURA HOBLI, MYSORE TALUK-570008 20. UMA D/O CHINNASWAMY W/O CHIKKANNA, AGED ABOUT 37 YEARS R/AT NAGARATHAHALLI VILLAGE, JAYAPURA HOBLI, MYSORE TALUK-570026 21. FR.DR.ANTHONY KOOLAN CHARI AGED ABOUT 64 YEARS SAHUKAR HUNDI, MARIYA NAGAR, YELWAL HOBLI, MYSORE TALUK-571130 22. H.P MANJUNATH S/O H.N PREMKUMAR AGED ABOUT 62 YEARS BHOOMI, 1ST MAIN, 1ST CROSS, SARASWATHIPURAM, MYSORE-570009 23. P. LAKSHMI NARAYANA S/O NOT KNOWN AGED ABOUT 63 YEARS C/O BHOOMI, 1ST MAIN, 1ST CROSS, SARASWATHIPURAM, MYSORE-570009 24. SHIVAMURTHY, S/O KARISIDDEGOWDA BELAWAD, YELWALA HOBLI, MYSORE TALUK-570018 - 6 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 25. SAVITHRAMMA W/O PUTTARAJANAYAKA AGED ABOUT 54 YEARS R/AT MODUR VILLAGE AND POST, GAVADAGERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT-571134 26. M.REKHA W/O T. NAGARAJEGOWDA AGED ABOUT 52 YEARS R/AT, DOOR NO. MIG 71, SAPTHAGIRI, 2ND MAIN ROAD, SARVAJANIKA NAGAR, MYSURU-570008 27. T. NAGARAJEGOWDA S/O T.K THIMMAIAH AGED ABOUT 52 YEARS R/AT, DOOR NO. MIG 71, SAPTHAGIRI, 2ND MAIN ROAD, SARVAJANIKA NAGAR, MYSURU-570008 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 03.07.2025 DISMISSING THE I.A. NO. 24 FILED BY THE DEFENDANT NO. 20 IN O.S. 942/2013 ON THE FILE OF V ADDITIONAL SENIOR CIVIL JUDGE, MYSURU (ANNEXURE-G) AND ALLOW THE I.A. NO. 24 FILED BY THE DEFENDANT NO. 20 IN O.S. 942/2013. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order of the concerned Court dated 03.07.2025, which declines to delete or expunge the paragraphs in an affidavit filed by the present petitioner before the concerned Court killing a man who was alive. 2. Heard the learned senior counsel, Sri. G. Krishna Murthy, appearing for the petitioner and have perused the material on record. 3. The petitioner is the 20th defendant in O.S.No.942/2013. The said suit is instituted seeking partition and separate possession. The issue in the lis does not relate to the merit of the claim of the parties. Defendant Nos.18, 19 and 20 file common written statement. Defendant No.8 was later permitted by the concerned Court to be transposed as plaintiff No.2. Noticing that defendant No.8 is transposed as plaintiff No.2 and on the basis of certain information received, the present petitioner – 20th defendant file a written statement - 8 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 observing that the first plaintiff was dead. The written statement was filed on 20.03.2023. On 15.11.2024, the first plaintiff appeared before the concerned Court and subjected to cross-examination. It is only then, the petitioner comes to know that plaintiff No.1 was alive. This is the averment in the petition. 4. After the said cross-examination, the petitioner files an application – I.A.No.24 to delete the references to the death of plaintiff No.1 in paragraph No.2 and insert paragraph No.13A to explain that plaintiff and his brothers had partitioned the properties long ago. Plaintiff also files objections to the said application. The concerned Court rejects the application. The rejection of the application has driven the petitioner to this Court in the subject petition. 5. Learned senior counsel appearing for the petitioner would submit that the references made with regard to plaintiff No.1 in the written statement so filed, ought to have been deleted. The non-deletion would make the statement a matter of record. - 9 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 6. Since the submission of the learned senior counsel is that the references must be deleted, though it was unacceptable that plaintiff No.1 was stated to be dead in the written statement, the affidavit narrates the circumstances. 7. In the light of the said submission, I permit the amendment of the written statement filed by the 20th defendant insofar it wanting to delete the references to plaintiff No.1 and showing him as dead, albeit with exemplary costs of Rs.50,000/-, payable by the petitioner – 20th defendant to the plaintiff. 8. In the light of the afore-made observation, I felt it appropriate not to issue notice to the respondents as the submission was concerning the mistake of the petitioner as narrated hereinabove. 9. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed to the aforesaid extent, subject to the payment of costs of Rs.50,000/-, - 10 - HC-KAR NC: 2025:KHC:33586 WP No. 24836 of 2025 payable by the petitioner – 20th defendant to the plaintiff. b. The impugned order dated 03.07.2025 stands modified and application – I.A.No.24 to the extent as narrated hereinabove is allowed. c. The references to plaintiff No.1 as dead, shall stand deleted from the written statement. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 58