- 1 - HC-KAR NC: 2025:KHC:51668 WP No. 15067 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15067 OF 2024 (GM-CPC) BETWEEN: SRI T. RAMEGOWDA S/O LATE THIMMEGOWDA AGED ABOUT 58 YEARS R/AT NO.440, 6TH CROSS MUNISHWARAR BLOCK HEGGENAHALLI BENGALURU - 560 091. …PETITIONER (BY SRI RAVISHA M.G, ADV.) AND: 1. SMT. ANKAMMA W/O LATE KEMPAIAH AGED ABOUT 74 YEARS. 2. SRI CHOWDAIAH S/O LATE HUCHEGOWDA AGED ABOUT 69 YEARS. 3. SRI K.C. KUMAR S/O CHOWDAIAH AGED ABOUT 45 YEARS. ALL ARE R/AT KELAGERE VILLAGE CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 108. …RESPONDENTS (BY SRI B.K. CHANDRASHEKAR, ADV., FOR R-1 & R-2; SRI B.T. INDUSHEKAR, ADV., FOR R-3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.15/04/2024 PASSED BY THE HONBLE PRL.CIVIL JUDGE AND JMFC, CHANNAPATNA, IN O.S.NO.115/2015 BY REJECTING Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51668 WP No. 15067 of 2024 I.A.NO.XVI FILED UNDER ORDER VI RULE 17, R/W SEC 151 OF CPC FOR AMENDMENT I.E., ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 15.04.2024 passed on IA No.XVI in O.S.No.115 of 2015 by the Court of Prl. Civil Judge & JMFC, Channapatna. 2. Heard the learned counsel for the parties. 3. Perusal of the material on record would go to show that one Smt. Shivalingamma had earlier filed suit in O.S.No.58 of 2009 seeking the relief of partition and separate possession of suit schedule property which according to her belonged to the joint family of her husband late Hucchegowda alias Kariyappa. During the pendency of the said suit, Smt. Shivalingamma had died on 21.09.2009. Petitioner thereafter had filed an application to come on record as legal representative of Smt. Shivalingamma in O.S.No.58 of 2009 on - 3 - HC-KAR NC: 2025:KHC:51668 WP No. 15067 of 2024 the strength of the last Will said to have been executed by her. Subsequently, the said suit in O.S.No.58 of 2009 was dismissed as abated. Petitioner thereafter has filed O.S.No.115 of 2015 with a prayer to declare that he is the absolute owner and entitled to own the suit schedule property as the successor of Smt. Shivalingamma W/o Hucchegowda alias Kariyappa under her last Will dated 08.02.2008 and in the said suit, an alternative prayer seeking the relief of partition and allotment of 1/3rd share in the suit schedule property to the plaintiff as successor of deceased Smt. Shivalingamma under the Will dated 08.02.2008 is also made. The contesting defendants have filed written statement and have opposed the suit claim. I.A.No.XVI was filed on behalf of the plaintiff to amend the plaint and the said application was opposed by the contesting defendants by filing objections. The trial Court, vide the order impugned has rejected I.ANo.XVI and being aggrieved by the same, the plaintiff is before this Court. 4. From a perusal of the pleadings found in the plaint in O.S. No.115 of 2015, it is apparent that petitioner herein is claiming right over the suit schedule property in O.S.No.115 of - 4 - HC-KAR NC: 2025:KHC:51668 WP No. 15067 of 2024 2015, under the last Will, said to have been executed by Smt. Shivalingamma W/o late Hucchegowda, alias Kariyappa. Undisputedly, the properties which are subject matter of the Will are the joint family properties of late Hucchegowda alias Kariyappa and according to Smt. Shivalingamma, the said properties were allotted to him under the oral partition between Hucchegowda and his brothers. 5. Be that as it may, petitioner herein claims right over the suit schedule property under the last Will said to have been executed by Smt. Shivalingamma W/o late Hucchegowda. I.A.No.XVI is now filed to amend the plaint as well as the schedule of the plaint by bringing on record the other joint family properties of late Hucchegowda. The trial Court having appreciated that the suit is filed by the petitioner herein, based on the alleged Will said to have been executed by Smt. Shivalingamma has rejected the said application. 6. From a perusal of the copy of the last Will dated 08.02.2008 said to have been executed by Smt. Shivalingamma W/o late Hucchegowda @ Kariyappa it is found that all the properties which are mentioned in the schedule - 5 - HC-KAR NC: 2025:KHC:51668 WP No. 15067 of 2024 given to the said Will are subject matter of the plaint in O.S.No.115 of 2015. Since the petitioner is claiming relief only under the aforesaid Will, his prayer made in the application to amend the plaint and add other properties in the schedule of the plaint which are not subject matter of the last Will dated 08.02.2008 cannot be granted. Therefore, I am of the opinion that the trial Court was fully justified in rejecting I.A.No.XVI filed in O.S.No.115 of 2015. The said order does not call for any interference. 7. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 38