- 1 - HC-KAR NC: 2025:KHC:43913 WP No. 32682 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 32682 OF 2025 (GM-CPC) BETWEEN: GOVINDARAJU H N S/O LATE NANJUNDAPPA AGED ABOUT 71 YEARS RESIDENT OF KALLIPALYA VILLAGE, KASABA HOBLI GUBBI TALUK, TUMAKURU DISTRICT-572 216 …PETITIONER (BY SRI. RAVI H K.,ADVOCATE) AND: 1. KEMPEGOWDA S/O NARASIMHAIAH AGED ABOUT 39 YEARS R/AT KALLIPALYA VILLAGE KASABA VILLAGE GUBBI TALUK TUMAKURU DISTRICT-572 216 2. NARASIMHAIAH S/O LATE MANIGAIAH AGED ABOUT 70 YEARS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43913 WP No. 32682 of 2025 R/AT KALLIPALYA VILLAGE KASABA VILLAGE GUBBI TALUK TUMAKURU DISTRICT-572 216 3. KEMPARAJU S/O NARASIMHAIAH AGED ABOUT 35 YEARS R/AT KALLIPALYA VILLAGE KASABA VILLAGE GUBBI TALUK TUMAKURU DISTRICT-572 216 4. PREMA D/O NARASIMHAIAH W/O NARASIMHAMURTHY AGED ABOUT 33 YEARS R/AT PANDITHANAHALLI URDIGERE HOBLI TUMAKURU TALUK AND DISTRICT-572 107 5. SHASHIKALA D/O NARASIMHAIAH W/O MANJUNATH AGED ABOUT 31 YEARS R/AT GYAREHALLI VILLAGE NITTUR HOBLI, GUBBI TALUK TUMAKURU DISTRICT-572 216 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 14.07.2025 PASSED ON I.A. NO.10 - 3 - HC-KAR NC: 2025:KHC:43913 WP No. 32682 of 2025 IN O.S. NO.215/2020 BY THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, GUBBI VIDE ANNEXURE-E AND CONSEQUENTLY DISMISS THE SAID I.A.NO.10. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is by the fifth defendant in O.S.No.215/2020 on the file of the Principal Civil Judge and JMFC, Gubbi [for short, 'the civil Court']. The civil Court has allowed the application [I.A.No.10] filed by the first respondent - the plaintiff to amend the plaint. The civil Court's reasoning is as under: The plaintiff has filed the suit against the defendants for the relief of partition and separate possession over the suit schedule properties. It is noticed from the order sheet of the case that the trial has already been commenced, at the stage of cross examination of PW1, he has filed this application." - 4 - HC-KAR NC: 2025:KHC:43913 WP No. 32682 of 2025 2. Mr. Ravi H. K, the learned counsel for the petitioner, submits that the civil Court has allowed amendment which permits the first respondent to plead that [a] the two suit schedule properties were purchased out of the joint earnings of the respondents [the family members], and [b] the first respondent must be reserved liberty to file a separate suit for partition of the ancestral properties held by the respondents. The learned counsel canvases that the first amendment is unnecessary because it is already pleaded and the second amendment, contrary to the civil Court's observation, protracts the decision in the suit which is for partial partition and as such not maintainable. 3. The first amendment may be superfluous, and the second amendment may have its implications on the merits of the suit. It would be open to the petitioner to take the defence that the suit is a suit for partial partition which is not maintainable and - 5 - HC-KAR NC: 2025:KHC:43913 WP No. 32682 of 2025 seek either trial or an early disposal in view of the different provisions under the Code of Civil Procedure, 1908, and this Court is of the view that when the remedies are thus open to the petitioner, there would be no reason for interference. As such, the petition stands disposed of without prejudice to the petitioner to take advantage that would flow from the amendment that is allowed either at the intermediate stage or at the stage of the final disposal. Sd/- (B M SHYAM PRASAD) JUDGE RB