- 1 - HC-KAR NC: 2025:KHC:51248 WP No. 36163 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 36163 OF 2025 (GM-CPC) BETWEEN: 1. SRI R RAJANNA S/O RAMAIAH, AGED ABOUT 66 YEARS, R/AT NO.30, 11TH MAIN ROAD, VASANTHNAGAR, BENGALURU-560 052. 2. SMT. MALLIGA. A, W/O C. KRISHNA MURTHY, AGED ABOUT 62 YEARS, R/AT NO.25, PAPAMMA CHINNAIAH NILAYA, 2ND MAIN ROAD, 1ST CROSS, S.P. NAIDU LAYOUT, VIJINAPURA, BENGALURU-560 016. …PETITIONERS (BY SRI K.SHRIHARI,ADVOCATE) AND: 1. SMT B T KAMALA, D/O LATE THIMMAPPA, AGED ABOUT 56 YEARS, R/A NO.2 KAVI KESHIRAJ ROAD, SRINAGAR, BASAVANAGUDI, BENGALURU-560 019. 2. SMT. B.T. VIMALA D/O LATE SRI. THIMMAPPA, W/O MURALI, AGED ABOUT 52 YEARS, RESIDING AT NO.199, MURALI SLUM, JAYANAGAR, 3RD BLOCK, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51248 WP No. 36163 of 2025 BENGALURU-560 011. 3. SMT. VARALAKSHMAMMA. S @ VARAMMA, AGED ABOUT 74 YEARS, D/O LATE SAMPANGAPPA, RESIDING AT HOUSE NO.10, 20TH WARD, PUTTAPANA GUDI BEEDI, DEVANAHALLI, BENGALURU RURAL DISTRICT, BENGALURU-563 110. 4. SMT. REKHA, AGED ABOUT 32 YEARS, D/O KRISHNAPPA @ KRISHNA MURTHY, W/O M. PRABHAKAR, RESIDING AT NO.7/5, 1ST MAIN ROAD, 7TH CROSS, GOVINDARAJANAGAR, BENGALURU-560 040. 5. SRI. RAGHAVENDRA AGED ABOUT 30 YEARS, S/O KRISHNAPPA @KRISHNA MURTHY, RESIDING AT NO.146/49, RESERVOIR STREET, BASAVANAGUDI, BENGALURU-560 004. 6. SRI. RAVINDRA. K AGED ABOUT 28 YEARS, S/O KRISHNAPPA @KRISHNA MURTHY, RESIDING AT NO.146/49, RESERVOIR STREET, BASAVANAGUDI, BENGALURU-560 004. 7. SMT. C. ANJALI DEVI, W/O LATE V. PRASANNA KUMAR, AGED ABOUT 49 YEARS, RESIDING AT NO.133/57, 25TH CROSS, 6TH BLOCK, JAYANAGAR, BENGALURU SOUTH-560082. 8. KUM. DHANASHRI AGED ABOUT 20 YEARS D/O LATE NANDA KUMAR, - 3 - HC-KAR NC: 2025:KHC:51248 WP No. 36163 of 2025 9. SRI. DRUVA, AGED ABOUT 18 YEARS,S/O LATE NANDA KUMAR, BOTH ARE RESIDING AT NO.133/57, 25TH CROSS, 6TH BLOCK, JAYANAGAR, BENGALURU SOUTH-560082. 10. SRI. V. HARINATH, AGED ABOUT 49 YEARS,S/O VENKATARAMANAPPA, NO.133/57, 25TH CROSS, 6TH BLOCK, JAYANAGAR, BENGALURU SOUTH - 560 082. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 25.10.2025 ON I.A. NO.3 FILED UNDER ORDER VI RULE 17 R/W SEC.151 CPC IN OS.NO.524/2025 ON THE FILE OF ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-45), FILED AT ANNEXURE-A TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioners. 2. This petition is filed assailing the order permitting the amendment in the plaint, which according to the defendants, takes away the averments of the plaintiffs where plaintiffs have stated that they have not received any amount from the General Power of Attorney holder. - 4 - HC-KAR NC: 2025:KHC:51248 WP No. 36163 of 2025 3. By introducing an amendment, the plaintiffs seem to be contending that the plaintiffs have not received any cash. Probably, the plaintiffs are admitting that they have received some payment through bank transactions. 4. By way of amendment in paragraph No.8A, the plaintiffs are asserting that they are in possession of the property. Suit is one for declaration. 5. The amendment does not change the nature of the suit or cause of action. 6. The amendment application is filed before commencement of evidence. 7. Under these circumstances, this Court does not find any reason to interfere with the impugned order, in exercise of jurisdiction under Article 227 of Constitution of India. 8. Writ Petition dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 27