- 1 - HC-KAR NC: 2025:KHC:31305 WP No. 5406 of 2024 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. 5406 OF 2024 (GM-CPC) BETWEEN: SRI. NANDEESHA B., S/O D.BASAVARAJA, AGED ABOUT 41 YEARS, R/AT NO.222, KALASAPPANAGALLI, HONDA CIRCLE, DAVANGERE – 577 002. PRSENTLY RESIDING AT NO.3365, 14TH CROSS, KUVEMPU NAGAR, SIDDAVEERAPPA BADAVANE, DAVANAGERE – 577 004. …PETITIONER (BY SRI. PRASANNA B. R., ADVOCATE) AND: 1. SMT. PADMAVATHI, W/O LATE D.NAGARAJ, AGED ABOUT 52 YEARS, HOUSE WIFE. 2. SMT. GAYATHRI N, D/O LATE D.NAGARAJ, AGED ABOUT 24 YEARS, STUDENT, 3. SRI. MALATHESH N, S/O LATE D.NAGARAJ, AGED ABOUT 22 YEARS, STUDENT, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31305 WP No. 5406 of 2024 4. SRI. YOGESH N., S/O LATE D.NAGARAJ, AGED ABOUT 20 YEARS, STUDENT, RESPONDENT NOS.1 TO 4 ARE RESIDING AT NO.3613/4, KUNDAVAD ROAD, BALAJI NAGARA, DAVANAGERE – 577 006. 5. SRI. D.BASAVARAJA, S/O LATE DYAVAPPA, AGED ABOUT 67 YEARS, AGRICULTURIST, 6. SMT. SHARADAMMA, W/O D.BASAVARAJA, AGED ABOUT 62 YEARS, HOUSE WIFE, 7. SMT. SHILPA, D/O D.BASAVARAJA, AGED ABOUT 42 YEARS, HOUSE WIFE, 8. SRI. GANESH B, S/O D.BASAVARAJA, AGED ABOUT 37 YEARS, RESPONDENT NOS.5 TO 8 ARE R/AT NO.222, KALASAPPANAGALLI, HONDA CIRCLE, DAVANAGERE – 577 004. …RESPONDENTS (BY SRI. MADHUKESHWARA R. P., ADVOCATE FOR R1 TO R4; R5 – SERVED AND UNREPRESENTED NOTICE TO R6 TO R8 ARE DISPENSED WITH VIDE ORDER DATED 07.03.2024) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED - 3 - HC-KAR NC: 2025:KHC:31305 WP No. 5406 of 2024 ORDER PASSED ON I.A.NO.II IN O.S.NO.60/2022 DTD. 05.02.2024 ON THE FILE OF HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT DAVANAGERE VIDE ANNEXURE-J AND TO REJECT THE I.A. NO.II. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "i) ISSUE a writ, order or direction in the nature of Certiorari quashing the impugned Order passed on I.A.No.II in O.S.No.60/2022 dated 05.02.2024 on the file of Honble Principal Senior Civil Judge and CJM at Davanagere vide ANNEXURE-J and to reject the I.A.No.II. ii) ISSUE any writ order or direction which deemed fit in the circumstances of the case." 2. Heard Sri.Prasanna B.R., learned counsel appearing for the petitioner, Sri.Madhukeshwara R.P., learned counsel appearing for respondent Nos.1 to 4 and have perused the material on record. 3. The suit is for partition. The application comes to be filed by the respondent-plaintiff Nos.1 to 4 seeking amendment - 4 - HC-KAR NC: 2025:KHC:31305 WP No. 5406 of 2024 of the plaint. The amendment of the plaint is filed before the issues are framed, and immediately after the Written Statement was filed. After filing of the Written Statement, on the same day, plaint is sought to be amended. 4. The amendment concerns certain properties which is said to have been relinquished by the father of the plaintiffs during his lifetime and a suit for partition is instituted including those properties which the father had already relinquished. It is on this premise that the petitioner is before this Court challenging the said order. Since the issues are yet to be framed, all the remedy is available to the petitioner to knock at the appropriate Fora at the appropriate time. 5. Learned counsel for the petitioner submits that liberty of that kind be reserved to the hands of the petitioner. Learned counsel for respondent Nos.1 to4 has no objection to reserving such liberty, as it is a liberty available in law. 6. In the light of the said circumstance, without interfering with the order passed by the concerned Court, I - 5 - HC-KAR NC: 2025:KHC:31305 WP No. 5406 of 2024 deem it appropriate to dispose the petition reserving the aforesaid liberty. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 46 CT:SS