- 1 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20546 OF 2025 (GM-CPC) BETWEEN: SMT. ANUSUYA W/O GURUVA REDDY, AGED ABOUT 59 YEARS, RESIDING AT NO.94, 8TH BLOCK, KORAMANGALA VILLAGE, BANGALORE - 560 095 …PETITIONER (BY SRI. N. DINESH RAO, ADVOCATE) AND: SRI. K.T. KRISHNA REDDY SON OF LATE. THIMMA REDDY. AGED ABOUT 77 YEARS, RESIDING AT FLAT NO.301 AND 304. 4TH FLOOR, S.V RING VIEW, SWADHAM SOCIETY, ANUGRAHA LAYOUT. 2ND CROSS, AKASH NAGAR, B. NARAYANAPURA, BANGALORE - 560 016. SINCE DECEASED REPRESENTED BY HIS LR'S 1. SMT. PARVATHAMMA, WIFE OF LATE.K.T.KRISHNA REDDY, AGED ABOUT 71 YEARS, RESIDING AT FLAT NO.301 AND 304, 4TH FLOOR, S.V'S RING VIEW, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 SWADHAM SOCIETY, ANUGRAHA LAYOUT, 2ND CROSS, AKASH NAGAR, B. NARAYANAPURA, BANGALORE - 560 016. 2. SRI. K.T. JAYARAM REDDY, SON OF LATE. THIMMA REDDY, AGED ABOUT 76 YEARS, RESIDING AT NO.25, ESHWARA NILAYA', 13TH CROSS, C.V.RAMAN NAGAR POST, KAGGADASAPURA, BANGALORE - 560 093. 3. SRI.K T.NARAYAN REDDY SON OF LATE. THIMMA REDDY, AGED ABOUT 71 YEARS, RESIDING AF 19 C CROSS, KAGGADASAPURA EXTENSION, CV RAMAN NAGAR POST, BANGALORE - 560 093. 4. SRI. K.T. NAGARAJ REDDY. SON OF LATE. THIMMA REDDY. AGED ABOUT 71 YEARS, RESIDING AT NO.260/2,. BBMP NO.70, 6TH CROSS, KAGGADASAPURA EXTENSION. C. V.RAMAN NAGAR POST, BANGALORE - 560 093. 5. SRIK.T. PRASANNA KUMAR, SON OF LATE THIMMA REDDY, AGED ABOUT 57 YEARS, RESIDING AT NO. 119, 19 MAIN, KAGGADASAPURA EXTENSION. C. V. RAMAN NAGAR POST, BANGALORE - 560 093. - 3 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 6. SMT. RATHNAMMA, WIFE OF LATE. THIMMA REDDY, AGED ABOUT 85 YEARS RESIDING AT NO. 119, 19TH MAIN. KAGGADASAPURA EXTENSION, BANGALORE - 560 093. 7. SMT. GAJALAKSHMI, WIFE OF LATE K.T. SRINIVAS REDDY, AGED ABOUT 72 YEARS, RESIDING AT 29TH CROSS, BALAJI LAYOUT, KAGAGADASAPURA EXTENSION, C.V.RAMAN NAGAR POST, BANGALORE - 560 093. 8. SRI. MANJUNATH, SON OF LATE K.N.SRINIVASA REDDY, AGED ABOUT 42 YEARS, SRI. CHANDRASHEKAR. SON OF LATE K.N.SRINIVASA REDDY. AGED ABOUT 41 YEARS, SINCE DECEASED REPRESENTED BY HIS LRS 9. SMT. SUNITHA, WIFE OF LATE CHANDRASHEKAR AGED ABOUT 39 YEARS, 10. KUM. MANUHAMSINI DAUGHTER OF LATE. CHANDRASHEKAR, AGED ABOUT 12 YEARS, 11. KUM. MANASVINI, DAUGHTER OF LATE CHANDRASHEKAR, A GED ABOUT 10 YEARS, - 4 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 10 AND 11 SINCE MINORS REPRESENTED BY NATURAL GUARDIAN MOTHER VIZ., DEFENDANT NO. 9(A) 12. SMT. SHILPA, DAUGHTER OF LATE. K. T. SRINIVASA REDDY. AGED ABOUT 34 YEARS, RESP. 8 TO 12 ALL RESIDING AT 29TH CROSS BALAJI LAYOUT, KAGGADASAPURA EXTENSION, C. V. RAMAN NAGAR, BANGALORE - 560 093. 13. SMT. SHANTHAMMA, WIFE OF MUNI REDDY, DAUGHTER OF LATE. THIMMA REDDY, AGED ABOUT 66 YEARS, RESIDING KOODLUE VILLAGE, ANEKAL TALUK, BANGALORE DISTRICT - 562 106. 14. SMT. VIJAYALAKSHMI, WIFE OF NANJA REDDY. DAUGHTER OF LATE. THIMMA REDDY, AGED ABOUT 76 YEARS. RESIDING AT MALLASANDRA, HOSUR, DHARMAPURI DISTRICT - 635 109. 15. SMT. AMBUJA, WIFE OF BABU REDDY DAUGHTER OF LATE. THIMMA REDDY. AGED ABOUT 58 YEARS, RESIDING AT MUTHSANDRA VILLAGE. ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL - 562 114 - 5 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 16. SMT. BHARATHI WIFE OF SRI. MANJUNATH REDDY. AGED ABOUT 41 YEARS, RESIDING AT NO.404, 8TH CROSS, MUNEEKOLALU, MARTHAHALLI POST. BANGALORE - 560 037. 17. SMT. BHAVYA, WIFE OF SRI. JANARDHAN REDDY. DAUGHTER OF LATE. JAYALAKSHMI. AGED ABOUT 51 YEARS, RESIDING AT NO.87, 3NT STREET, MURUGESH PALYA, AIR PON ROAD, BANGALORE - 560 017. 18. ROOPA, DAUGHTER OF LATE. JAYALAKSHMI, AGED ABOUT 42 YEARS, NO. 271, 9TH CROSS, VISHWAPRIYA NAGAR, BEGUR, BANGALORE - 560 068. 19. SMT. DEEPASHREE DAUGHTER OF LATE. JAYALAKSHMI. WIFE OF SRI. RAGHURAMA REDDY, AGED ABOUT 40 YEARS, RESIDING AT NO.5, 10TH CROSS, SARAKKI, JP NAGAR, BANGALORE - 560 078. 20. SMT. VEENA, WIFE OF BRI, RAVINDRA REDDY, DAUGHTER OF SRI. K. T. KRISHNA REDDY, AGED ABOUT 38 YEARS, RESIDING AT FLAT NO. 101. 2ND FLOOR S.V'S RING VIEW. - 6 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 GIRIDHAMA, ANUGRAHA LAYOUT, 2ND CROSS, AKASH NAGAR. B.NARAYANAPURA, BANGALORE - 560 016. 21. SRI. NAVEEN, KRISHNA REDDY @ K.NAVEEN, SON OF SRI. K. T. KRISHNA REDDY. AGED ABOUT 43 YEARS, RESIDING AT FLAT NO.301 AND 304, 4TH FLOOR, S.V'S RING VIEW, SWADHAM SOCIETY, ANUGRAHA LAYOUT. 2ND CROSS, AKASH NAGAR B. NARAYANAPURA, BANGALORE - 560 016. 22. SMT. NAGARATHNA S. MURTHY, WIFE OF SRI. H. S. SRIDHAR MURTHY. AGED ABOUT 46 YEARS, RESIDING AT NO.848, 1ST MAIN, 1ST BLOCK, HAL 3RD STAGE. BANGALORE - 560 075. 23. M/S. GEETHANJALI EDUCATION SOCIETY (R), A REGISTERED SOCIETY HAVING ITS OFFICE AT NO.844, 1ST MAIN, 1ST BLOCK, HAL 111 STAGE, BANGALORE - 560 075. REPRESENTED BY ITS CHAIRMAN, SRI. H. S. SRIDHAR MURTHY. SON OF LATE. SEETHARAMAIAH, RESIDING AT NO.848, 1 MAIN, 1ST BLOCK, HAL 111 STAGE, BANGALORE - 560 075. 24. SRI. V SURESH SON OF LATE. VENKATARAMAIAH. - 7 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 AGED ABOUT 46 YEARS . RESIDING AT NO. 65, A.NARAYANAPURA, D.V.NAGAR POST, BANGALORE - 560 016. 25. SRI N. RAGHURAM REDDY SON OF LATE. NINGAPPA REDDY, AGED ABOUT 39 YEARS, RESIDING AT NO.8, VENKATESHWARA NILAYA PWD ROAD, B.NARAYANAPURA. D.V.NARAG POST, BANGALORE - 560 016. 26. SRI. R. JAYARAMAN. SON OF LATE RAMASWAMY RAJU, AGED ABOUT 66 YEARS, RESIDING AT NO.60, WEST STREET, THIRUKOILUR, VILUPURAM DISTRICTS, TAMIL NADU - 605 757 27. M/S. ARRCONS, BUILDERS AND DEVELOPERS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.3, 1ST FLOOR, NANJAPPA REDDY LAYOUT, 2ND CROSS, KAGGACASAPURA, C. V. RAMAN NAGAR, BANGALORE - 560 093 REPRESENTED BY ITS MANAGING PARTNER, MR. M. ANIL KUMAR REDDY, 28. M/S. V.S. BUILDERS. A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT FLAT NO.501, KEERTHI RESIDENCY, PAI LAYOUT, DOORVANI NAGAR POST, BANGALORE - 560 016 REPRESENTED BY ITS PROPRIETOR, - 8 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 MR. B. SRIKANTH, 29. M/S. R AND D. CONSTRUCTIONS, HAVING ITS OFFICE AT NO.6 AND 7, 4TH CROSS, ABBAISH REDDY LAYOUT, C.V.RAMAN NAGAR POST, BANGALORE - 560 093 REPRESENTED BY ITS MANAGING DIRECTOR PRIVATE LIT. COMPANY REG. UNDER COMPANY'S ACT, 2013. 30. SRI. G.M. RAMAKRISHNA REDDY. SON OF LATE. NARISHMA REDDY, AGED ABOUT 63 YEARS. 31. SMT. LATHA. M.REDDY. WIFE OF K.V.M, REDDY. AGED ABOUT 49 YEARS. 32. SRI. M. NAGARAJA REDDY SON OF SRI. MUNI REDDY AGED ABOUT 64 YEARS. 33. M/S. PRIME BUILDERS AND DEVELOPERS HAVING ITS OFFICE AT NO. 153, NEW THIPPASANDRA MAIN ROAD BANGALORE - 560 075 REPRESENTED BY ITS MANAGING PARTNERS 34. SRI. S. JAYACHANDRA REDDY. SON OF SRI. NAGI REDDY, AGED ABOUT 48 YEARS, 35. SRI. PRAKASH NAIDU, SON OF RAJAGOPAL NAIDU, AGED ABOUT 45 YEARS, - 9 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 ADDRESS SAME OF RESPONDENT NO.29, FROM R30 TO R35 36. MRS. NAYANA SAGAR, WIFE OF SRI. YOGESH SAGAR, AGED ABOUT 64 YEARS RESIDING AT NO.806/2 A VINAYAKA COMPLEX, NEW THIPPASANDRA MAIN ROAD, BANGALORE-560 075. 37. MR. AMUL K BRAHMBHATH SON OF STR. KANU BHAI AGED ABOUT 55 YEARS RESIDING AT NO.800/2 A VINAYAKA COMPLEX, NEW THIPPASANDRA MAIN ROAD, BANGALORE - 560 075. 38. SRI. G.SHANMUGAM SON OF SRI GOPAL. AGED ABOUT 58 YEARS RESIDING AT NO.30, 8TH CROSS VIGNANA NAGAR. NEAR THIPPASANDRA POST BANGALORE - 560 075. 39. SMT. N. SUDHA, DAUGHTER OF K.T. NARAYAN REDDY. AGED ABOUT 43 YEARS, RESIDING AT NO.257, 19TH CROSS OPP. RAILWAY GATE, KAGGADASAPURA. C.V RAMAN NAGAR POST, BANGALORE - 560 093. - 10 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 40. SRI B. SHIVARAJA, SON OF SRI K. BHASKARAN, AGED ABOUT 68 YEARS, RESIDING AT NO.80 NIDHI BHOOMI REDDY LAYOUT, NEW THIPPASANDRA, BANGALORE - 560 075. 41. MR. HANCHATE KRISHNA KUMAR, SON OF MR. HANCHATE SRINIVASA RAO, AGED ABOUT 43 YEARS RESIDING AT NO. 302, 2ND FLOOR, RESIDENCY FLAT, 4TH CROSS, AIYAPPA LAYOUT, MARATHALLI POST, BANGALORE - 560 037. 42. MR. P. SUBRAMANYAM SON OF PALANISWAMY, AGED ABOUT 65 YEARS RESIDING AT NO. 126, KONDAPPA LAYOUT, NEAR GEETHANJALI SCHOOL, KAGGADASPURA, BANGALORE - 560 093. 43. SRI. KISHORE.S. SON OF SRI. SUBBARAYALU, AGED ABOUT 38 YEARS 44. SRI. BHARATWAJ.S. SON OF SRI. SUBBARAYALU. AGED ABOUT 40 YEARS, 43 AND 44 ARE BOTH RESIDING AT NO.57/124, VALLALAR NAGAR, PONDY ROAD, E.B.BACK SIDE, TINDIVANAM, - 11 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 CHENNAI - 604 002. 45. SRI. MAHENTESHAIAH SON OF SRI. HANUMANTHAPPA. AGED ABOUT 54 YEARS RESIDING AT NO. 16, NAVODAYA NANDANAVANAM D CROSS. ULSOOR, BANGALORE - 560 008. 46. CHANDRAKALA, WIFE OF SRI. MAHENTPSHAIAH AGED ABOUT 44 YEARS RESIDENT OF NO. 16, NAVODAYA NANDANAVANAM D CROSS. ULSOOR, BANGALORE - 560 008. 47. SRI. G.S. MANOJ KUMAR, SON OF GOVINDAN KUTTI NAIR, AGE NOT KNOWN, RESIDING AT FLAT NO.302, S.R. REGENCY, MARUTHI NAGAR, MALLESHPALAYA EXTN., BANGALORE - 560 075. 48. SMT. K. BHAGYALAKSHMI WIFE OF SRI. K.V. RAJASHEKARA, RESIDING AT NO. 17, 3RD CROSS, KODIHALLI RIGH SIDE MAIN ROAD, KODIHALLI, BANGALORE - 560 008. 49. MR. SAMSON.S. SON OF SRI. SAM WILLSON DAS, AGED ABOUT 43 YEARS RESIDING AT NO. 113/3, 1ST MAIN, 1ST CROSS. MALLESHPALYA, - 12 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 BANGALORE - 560 075. 50. MR. ANISH JOSE PUTHUKULANGARA SON OF MR. JOSE PUTHUKULANGARA AGED ABOUT 46 YEARS RESIDING AT NO. 26, KUVEMPU ROAD, VIGNANA NAGAR, BANGALORE - 560 075. 51. SRI. SEKAR, SON OF SHANKARVARTHY PILLAI, AGED ABOUT 47 YEARS RESIDING AT KONDAPPA LAYOUT, NEAR GEETHANJALI SCHOOL, KAGGADASAPURA, BANGALORE - 500 093. 52. ANDRTWS NETLAS, SON OF MR. SUSAYYAH, AGED NOT KNOWN, RESIDING AT NO.29, ARADHANA 3RD CROSS, ANUGRAHA LAYOUT, AKASH NAGAR, B. NARAYANAPURA, BANGALORE - 560 016. 53. MR. SEVTAPPA, SON OF MR. GOVINDAN, AGED ABOUT 59 YEARS RESIDING AT NO.669, 5TH A CROSS, NEW THIPPASANDRA, BANGALORE - 560 075. 54. MR. ELUMALAI, SON OF MAPICKAM PILLAI, AGED ABOUT 49 YEARS RESIDING AT KONDAPPA LAYOUT, NEAR GEETHANJALI SCHOOL, KAGGADASPURA, BANGALORE - 560 093. - 13 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 55. MRS. SARAMMA JOSEPH WIFE OF M.D. JOSEPH AGE NOT KNOWN, RESIDING AT NO.30, ANUGRAHA VISHWAJITH LAYOUT, VIGNANA NAGAR, BANGALORE - 560 075. 56. MR. SASIKANTA PARIDO, SON OF SRI. GOLAK CHANDRA PARIDA, AGED ABOUT 65 YEARS, RESIDING AT NO. 12, SAI ARPAN, ANJENEYA TEMPLE ROAD, BYRASANDRA, C.V.RAMAN NAGAR POST, BANGALORE - 560 093. 57. SMT. K.P. KAMALAM WIFE OF LATE C SRIDHARAN AGED ABOUT 71 YEARS REPRESENTED BY HER GPA HOLDER SRI. G. PRAMOD, SON OF GOPALAN, RESIDENT OF NO. 153, 5TH CROSS, SIDDAPURA, JAYANAGAR 1ST BLOCK, BANGALORE - 560 011 …RESPONDENTS (BY SRI. A. SUBRAMANYA PRASAD, ADVOCATE FOR R1, R2, R4 AND R20; SRI. R.B. SADASIVAPPA, ADVOCATE FOR R57) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD. 26.06.2025 PASSED ON I.A.NO. 4/2025 FILED BY PLAINTIFF IN O..SNO. 25714/2013 PENDING ON THE FILE OF LXXII ADDL CITY CIVIL AND SESSIONS JUDGE MAYO HALL - 14 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 UNIT (CCH 73) BENGALURU CITY COPY OF WHICH IS PRODUCED AS ANNX-E AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri N. Dinesh Rao, learned counsel appearing for the petitioner; Shri A. Subramanya Prasad, learned counsel appearing for respondents No.1, 2, 4 and 20 and Shri R.B. Sadashivappa, learned counsel appearing for respondent No.57. 2. The petitioner is before this court calling in question an order dated 26.06.2025 rejecting the application of the petitioner - plaintiff filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 ('the CPC' for short) seeking amendment of the plaint to the effect of bringing a sale deed that had taken place in the year 2011 on record or challenging the same by way of the said amendment. The Concerned court in terms of the order as aforesaid, rejects the application on the following reasons: - 15 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 "20. Admittedly, the principles of the above decision are aptly applicable to the case on hand. In the case on hand, it is clear that the suit is filed in the year 2013 and the Defendant No.50 got impleaded herself and filed application for vacating of the ex-parte temporary injunction and written statement in the year 2019 and in the said application and written statement she stated about purchase of portion of Suit Property on 16.8.2011. So, it is clear that the Plaintiff has knowledge about the said Sale Deed in the year 2019 itself. Such being the fact, the present application cannot be allowed. 21. Even the Defendant No.50 has filed her written statement on 16.12.2019 itself and thereafter the Defendants have led their evidence and the Plaintiff counsel has also cross-examined those witnesses. Therefore, the contention of the Plaintiff that while preparing the argument only it is noticed about the purchase of portion of Item No.6 by the Defendant No.50 is not correct. Even as discussed above, prior to institution of this suit also so many suits have been filed by the Plaintiffs and in those suits Item No.6 of the Suit Properties was one of the property. Therefore, as opined by the Hon'ble Apex Court in the said decision, the amendment of plaint cannot be allowed when the Plaintiff does not show that inspite of due diligence such amendment could not be sought earlier. Even at the time of filing of this suit also the Plaintiff has not stated about the alleged Sale Deed dtd: 16.8.2011. The reasons stated by the Plaintiff for filing this application at this stage of proceedings cannot be accepted as ground to allow any application at the fact end of the trial, especially when the facts of the proposed amendment which were very much in the knowledge of the Plaintiff earlier. If this application is allowed the Defendants will be put to great hardship, injury and irreparable loss. On the other hand, no injustice would cause to the Plaintiff, if this application is rejected. Moreover, the proposed prayer made in the application is prima-fascie barred by law of limitation. In view of the above discussion, this Court opines that the Plaintiff has not made out any grounds to allow this application. Accordingly, Point No.1 is answered in. the Negative. 22. Point No.2: - 16 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 In view of the findings on the above point, the application filed by the Plaintiff deserves to be dismissed. Accordingly, I proceed to pass the following: ORDER I.A No.4/2025 filed U/Or.6 Rule 17 R/w Section 151 of CPC by the Plaintiff is hereby dismissed with cost of Rs. 1,000/-. Posted for arguments on main matter by: 2/7/2025" 3. The learned counsel appearing for the respondents submits that the written statement was filed on 16.12.2019 itself and the factum of the sale deed having taken place long before the institution of the suit itself was pleaded in the written statement. Notwithstanding the same, the application seeking amendment was not filed. When the matter was set at the stage of evidence or arguments as the case would be, the application comes to be filed. The said application is rejected by the aforesaid order. I do not find any perversity in the order to excise the jurisdiction of this court under Article 227 of the Constitution of India to obliterate the same. 4. The learned counsel appearing for the respondents further submit that the another application is filed for the same reason and that also has come to be dismissed. - 17 - HC-KAR NC: 2025:KHC:31252 WP No. 20546 of 2025 5. For all the aforesaid reasons, finding no merit in the petition, the petition stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 21 CT:BHK