- 1 - HC-KAR NC: 2025:KHC:53156 WP No. 28762 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 28762 OF 2023 (GM-CPC) BETWEEN: SMT. SAHANA M W/O SUBRAMANAYA RAO AGED ABOUT 49 YEARS LAW OFFICER, KSRTC LALBAGH BEJAJ, MANGALORE D.K. DISTRICT - 575 004. …PETITIONER (BY MS. AISHWARYA HEDGE, ADV., FOR SRI SAGAR V SHASTRI, ADV.) AND: 1. SRI RAVIRAJA HOLLA S/O LATE VENKATARAMANA HOLLA AGED ABOUT 51 YEARS RA/T C-84, SHREYAS 2 MIT QUARTERS NEAR SRI VENUGOPAL TEMPLE MANIPAL, UDUPI TALUK UDUIPI DISTIRCT - 576 104. 2. SMT. SUSHEELA A W/O LATE VENKATRAMANA HOLLA AGED ABOUT 78 YERS R/AT BALEBETTU MANOORU VILLAGE PO KOTA, BRAHMAVARA TALUK UDUPI TALUK, UDUPI DISTRICT - 576 213. 3. DR. M. VASUDEVA HOLLA S/O LATE VENKTRAMANA HOLLA AGED ABOUT 53 YEARS R/AT 'NEMMADI' BALEBETTU MANOORU VILLAGE PO KOTA, BRAMHAVARA TALUK Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53156 WP No. 28762 of 2023 UDUPI TALUK, UDUPI DISTRICT - 576 213. …RESPONDENTS (BY MS. GLANCIA S. D'SOUZA, ADV., FOR SRI CHIDANANDA KEDILAYA M, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 24.11.2023 ON I.A.NO.7 IN O.S.NO.9/2020 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AT KUNDAPURA AS PER ANNEXURE-H AND CONSEQUENTLY TO DISMISS IA NO.7 IN O.S.NO.9/2020 ON THE FILE OF COURT OF SENIOR CIVIL JUDGE, KUNDAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant no.3 is before this Court in this writ petition filed under Article 227 of the Constitution with a prayer to set aside the order dated 24.11.2023 passed on I.A.No.VII in O.S.No.9 of 2020 by the Court of Senior Civil Judge at Kundapura. 2. Heard the learned counsel appearing for the parties. 3. Respondent no.1 herein has filed O.S.No.9 of 2020 before the jurisdictional civil Court at Kundapura seeking relief of partition and separate possession of the suit schedule property. In the said suit, contesting defendants have filed their - 3 - HC-KAR NC: 2025:KHC:53156 WP No. 28762 of 2023 written statement opposing the suit claim. Defendant no.3 who is the petitioner herein has raised a contention in her written statement that the suit is bad for non joinder of all the joint family properties. Based on the rival pleadings, the Trial Court has framed issues. Additional issue was framed in the suit regarding non-joinder of all joint family properties in the suit. It appears that subsequently, I.A.No.VII was filed on behalf of the plaintiff under Order VI Rule 17 R/w Section 151 of CPC to permit him to amend the schedule of the plaint and include 'C' schedule property in the plaint which are allegedly left out joint family properties. The contesting defendants had filed objection to the said application and opposed the same. Trial Court vide the order impugned has allowed the said application. Being aggrieved by the same, defendant no.3 is before this Court. 4. The Hon'ble Supreme Court as well as this Court have consistently held that the Court should be liberal while considering an application for amendment of pleading in order to avoid multiplicity of litigation. In the present case, I.A.No.VII is filed seeking incorporation of the joint family properties after defendant no.3 had raised contention in his written statement - 4 - HC-KAR NC: 2025:KHC:53156 WP No. 28762 of 2023 about non-joinder of the joint family property. The Trial Court having appreciated this aspect of the matter has allowed I.A.No.VII. Therefore, the order impugned does not suffer from any illegality or irregularity which calls for interference by this Court. Under the circumstances, I do not find any merit in this petition. 5. Accordingly, the writ petition is dismissed Pending applications do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 10