- 1 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 13779 OF 2022 (GM-CPC) BETWEEN: KURANA PONNAKY D/O KURANA MANDANNA AGED 67 YEARS R/O HOSAKERI VILLAGE MADIKERI TALUK COORG DISTRICT - 571 201. …PETITIONER (BY SRI. CHETHAN B, ADVOCATE) AND: KURANA NANJUNDA (NOTE - SINCE DEAD REPRESENTED BY LRS AT RESPONDENT NO.1 TO 5 HEREIN) 1. SMT. PREMA @ YASHODHA D/O LATE KURANA NANJUNDA W/O RAMEGOWDA AGED 70 YEARS THEKKADE HOUSE BASAVANAHALLI VILLAGE AND POST KUSHALNAGAR HOBLI SOMWARPET TALUK KODAGU DISTRICT - 571 234. 2. SMT. KURANA ROHINI @ MAINA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 D/O LATE KURANA NANJUNDA AGED 68 YEARS SHANTHI MARGA, II BLOCK KUSHALNAGAR, SOMWARPET TALUK KODAGU DISTRICT - 571 236. 3. KURANA KUSHALAPPA @ BABU S/O LATE NANJUNDA AGED 66 YEARS SHANTHI MARGA, II BLOCK KUSHALNAGAR, SOMWARPET TALUK KODAGU DISTRICT - 571 236. 4. KURANA SHASHIDHARA @ VENU S/O LATE NANJUNDA AGED 62 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 5. KURANA PRASANNA KUMAR @ PRAKASH S/O LATE NANJUNDA AGED 60 YEARS SHANTHI MARGA, II BLOCK KUSHALNAGAR, SOMWARPET TALUK KODAGU DISTRICT - 571 236. KURAN MADAIAH (NOTE - SINCE DEAD REPRESENTED BY LRS AT RESPONDENT NO.6 TO 10 HEREIN) 6. SMT. KURANA NANJAMMA W/O LATE KURANA MADAIAH AGED 72 YEARS - 3 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 7. SMT. KURANA BHAVANI D/O LATE KURANA MADAIAH AGED 48 YEARS BEPPURANA HOUSE APPANGALA VILLAGE MADIKERI TALUK KODAGU DISTRICT - 571 201. 8. KURANA RAGHAVENDRA S/O LATE KURANA MADAIAH AGED 46 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 9. KURANA HARINI D/O LATE KURANA MADAIAH AGED 42 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 10. KURANA CHANDRASHEKARA S/O LATE KURANA MADAIAH AGED 46 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. KURANA POOVAIAH (NOTE - SINCE DEAD REPRESENTED BY LRS - 4 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 AT RESPONDENT NO.11 TO 13 HEREIN) 11. KURANA PARWATHY D/O LATE KURANA POOVAIAH AGED 70 YEARS TEACHER GOVERNMENT PRIMARY SCHOOL S KALLEMADU VILLAGE MADIKERI TALUK KODAGU - 571 201. 12. KURANA DEVAIAH S/O LATE KURANA POOVAIAH AGED 57 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 13. KURANA CHENGAPPA S/O LATE KURANA POOVAIAH AGED 52 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 14. KURANA SOMMANA S/O LATE KURANA CHENGAPPA AGED 77 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. KURANA MUTHAVVA (WIDOW OF PONNAPPA) (NOT SINCE DEAD REPRESENTED BY LRS AT RESPONDENT NO.15 TO 25 HEREIN) - 5 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 KURANA NANAIAH S/O LATE PONNAPPA (NOTE-SINCE DEAD REPRESENTED BY LRS AT RESPONDENT NO. 15 TO 19 HEREIN) 15. KURANA HONNAMMA W/O LATE KURANA NANAIAH AGED 77 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 16. KURANA DHANANJAYA S/O LATE KURANA NANAIAH AGED 55 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 17. KURANA LALITHA S/O LATE KURANA NANAIAH W/O B P POOVAIAH AGED 53 YEARS BOMMUDI HOUSE BEHIND F.M. CARIAPPAA COLLEGE MADIKERI, KODAGU - 571 201. 18. KURANA JYOTHI D/O LATE KURANA NANAIAH AGED 51 YEARS ARAMBUR HOUSE HERAVANADU VILLAGE MADIKERI TALUK KODAGU - 571 201. - 6 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 19. KURANA KISHORE KUMAR @ HARI S/O LATE KURANA NANAIAH AGED 47 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 20. KURANA KUNJAPPA S/O PONNAPPA AGED 85 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 21. KURANA ANANDA S/O PONNAPPA AGED 81 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 22. KURANA KAVERIAMMA D/O PONNAPPA AGED 75 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 23. KURANA PONNAMMA D/O,PONNAPPA AGED 73 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. - 7 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 24. KURANA AKKAVVA D/O KURANA PONNAPPA AGED 67 YEARS KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 25. SRI KURANA SUBBAIAH S/O LATE KURANA PONNAPPA AGED 72 YEARS RESIDENT OF KOLAGADALU VILLAGE MADIKERI TALUK KODAGU - 571 201. 26. C.A. AHAMED S/O ABDULLA AGED 98 YEARS TIMBER MERCHANT, CHERAMBANE BHAGAMANDLANAD COORG - 571 247. …RESPONDENTS (BY SRI. PRAVEEN KUMAR N.K, ADVOCATE FOR R1, R4, R5, R8, R9, R0, R14, R15, R17, R19 AND R25; R7 AND R11, R21 - SERVED AND UNREPRESENTED; VIDE ORDER DATED R2, R3, R6, R12, R13, R16, R18, R20, R22, R23, R24 AND R26 ARE DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 31.03.2021 PASSED IN O.S.NO. 16/1974 BY THE COURT OF HONBLE PRINCIPAL CIVIL JUDGE, AT MADIKERE AS PER ANNX-A AND ALLOW THE APPLICATION DTD. 16.02.2021 FILED UNDER SECTIONS 152 R/W 153 OF THE CODE OF CIVIL PROCEDURE AS PER ANNX-G AND ETC., - 8 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioner is before this Court in this writ petition filed under Articles 226 and 227 of the Constitution of India with a prayer to set aside the order dated 31.03.2021 passed in O.S No.16/1974 by the Court of Principal Civil Judge at Madikeri. 2. Heard the learned counsel for the parties. 3. Petitioner had filed O.S No.16/1974 before the Jurisdictional Civil Court at Madikeri seeking the relief of partition and separate possession. It appears that parties to the suit had settled their inter se dispute between them and had filed a compromise petition in O.S No.16/1974 under Order 23 Rule 3 of the CPC and based from the same, the suit was decreed. Subsequently, petitioner had initiated final decree proceedings in FDP No. 2/2010 and at that juncture it was noticed by her that the survey number of the second item in schedule 'B' of the suit schedule property was wrongly typed as - 9 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 survey No. 2 instead of survey No. 192 in the preliminary decree drawn in O.S No.16/1974. Therefore, she has filed an application under Section 152 r/w Section 153 of CPC before the Trial Court in O.S No.16/1974 to correct/rectify the mistake committed by the Court while typing the survey number of item number 2 of the schedule 'B' property. The said application was rejected by the Trial Court vide the order impugned and being aggrieved by the same, petitioner is before this Court. 4. Learned counsel for the petitioner submits that application has been rejected by the Trial Court only for the reason that copy of the application was not served on the defendant. The said approach is perverse and illegal. 5. Per contra, learned counsel for the respondent who has argued in support of the impugned order submits that an opportunity of opposing the application is required to be granted to the parties and therefore the Trial Court was justified in rejecting the application. 6. Perusal of the material on record would go to show that in the plaint as well as in the compromise petition, the - 10 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 survey number of item No.2 of 'B' schedule property is mentioned as 192. However, in the preliminary decree passed the survey number of the said property has been mentioned as survey No.2. It is under these circumstances the petitioner had filed an application to correct the clerical mistake committed by the Court and the application has been rejected solely for the reason that copy of the application was not served on the defendant. This approach of the Trial Court is highly perverse and unreasonable. If the copy of the application was not given to the other side, the matter should have been adjourned with a direction to the petitioner to serve a copy of the application on the other side and thereafter the application should have been considered on merits. Under these circumstances, I am of the opinion that the order impugned cannot be sustained. 7. Accordingly, the following:- ORDER i. Writ Petition is allowed. ii. The impugned order dated 31.03.2021 passed on I.A filed under Section 152 r/w Section 153 of - 11 - HC-KAR NC: 2025:KHC:47906 WP No. 13779 of 2022 CPC on behalf of the petitioner in O.S No. 16/1974 is set aside. iii. The Trial Court is directed to consider the said application afresh on merits after hearing all the parties in O.S No.16/1974. iv. It is needless to state that the application filed by the petitioner shall be considered and disposed of on merits expeditiously, but not later than the period of two months from the date of receipt of certified copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE VS List No.: 1 Sl No.: 8