- 1 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28537 OF 2023 (GM-CPC) BETWEEN: SRI. CHIKKA ARASAIAH S/O LATE SRI. CHNNAIAH AGED ABOUT 82 YEARS, R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BENGALURU 562 130 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI. HARISH J S/O SRI. JAVARAMAIAH, AGED ABOUT 33 YEARS, R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BENGALURU 562 130 …PETITIONER (BY SRI. N. SRIDHAR & N. ROOPA, ADVOCATE) AND: 1. SRI. DEVARAJU S/O LATE SRI. LENKAPPA @ THATAIAH AGED ABOUT 44 YEARS, 2. SRI. HANUMAIAH S/O LATE SRI. LENKAPPA @ THATAIAH AGED ABOUT 38 YEARS, RESPONDENTS NO.1 & 2 ARE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU 562 130 3. SMT. RAMAKKA W/O SRI. REVANNA AGED ABOUT 50 YEARS, R/AT SHANUBHOGANAHALLI VILLAGE, KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT, RAMANARAGA 562 120 4. SMT. NAJAMMA W/O SRI. KRISHNAMURTHY, AGED ABOUT 47 YEARS, 5. SRI. PARAMESH S/O LATE SRI. HANUMANTHARAYAPPA THIRUMALAMMA AGED ABOUT 30 YEARS, 6. SMT. MANGALAMMA W/O SRI. GALIHANUMAIAH D/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA AGED ABOUT 28 YEARS, 7. SMT. LAKSHMIDEVI W/O RENUKAPPA D/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA AGED ABOUT 28 YEARS, 8. SRI. GANGADHARA S/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA AGED ABOUT 26 YEARS, 9. SRI. CHETHAN S/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA AGED ABOUT 22 YEARS, - 3 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 RESPONDENTS NO.4 TO 9 ARE R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU 562 130 10. SMT LAKSHMAMMA W/O SRI SHIVANNA, AGED ABOUT 45 YEARS, R/AT HEGGANAHALLI CROSS, NEAR BMTC BUS STAND, BENGALURU-562110 11. SMT NAGAMMA W/O LATE SRI ARUNKUMAR, AGED ABOUT 35 YEARS, R/AT HEGGANAHALLI CROSS, NEAR MOHAN THEATER, BENGALURU-562110 12. SRI RAJU S/O LATE SRI, RAMARASAIAH, AGED ABOUT 40 YEARS, R/AT JATTIIPALYA VILLAGE, TAVAREKER HOBLI, BENGALURU SOUTH TALUK, BENGALUR-562130. 13. SMT NARASAMMA W/O LATE SRI ANJANAPPA AGED ABOUT 72 YEARS, R/AT JATTIIPALYA VILLAGE, TAVAREKER HOBLI, BENGALURU SOUTH TALUK, BENGALUR-562130. 14. SMT HANUMAKKA W/O SRI VENKATESH, AGED ABOUT 55 YEARS, R/AT HOSAPALYA VILLAGE, KUDURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT, PIN 562120. - 4 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 15. SMT LAKSHMIDEVAMMA W/O LATE SRI HANUMANTHARAYAPPA, AGED ABOUT 45 YEARS, 16. SRI SHOBHA D/O LATE SRI HANUMANTHARAYAPPA, AGED ABOUT 24 YEARS, 17. SMT BINDU D/O LATE SRI HANUMANTHARAYAPPA, AGED ABOUT 22 YEARS, R15 TO R17 ARE R/AT JATTIIPALYA VILLAGE, TAVAREKER HOBLI, BENGALURU SOUTH TALUK, BENGALUR-562130. 18. SMT GANGALAKSHMAMMA W/O LATE SRI MAHIMANNA, AGED ABOUT 51 YEARS, R/AT YALACHAGUPPE VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU-5621. 19. SMT MANIYAMMA W/O SRI NAGARAJU, AGED ABOUT 47 YEARS, R/AT TAVAREKERE VILLAGE AND HOBLI, BENGALURU SOUTH TALUK, BENGALURU-562132. 20. SRI VENKATESH S/O LATE SRI ANJANAPPA, AGED ABOUT 42 YEARS, 21. SRI HANUMAIAH S/O LATE SRI ANJANAPPA, AGED ABOUT 40 YEARS, R20 & R21 ARE R/AT JATTIPALYA VILLAGE, - 5 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU-5621. 22. SMT VARALAKSHMAMMA W/O SRI BELURAIAH, D/O L ATE SRI MARICHANNAIAH, AGED ABOUT 47 YEARS, R/AT NETHENAHALLI VILLAGE, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT, RAMANAGARA-562120. 23. SMT VENKATALAKSHMAMMA D/O LATE SRI MARICHANNAIAH, AGED ABOUT 45 YEARS, R/AT DODABELAVANGALA VILLAGE, MADHURE HOBLI, DODDABALLAPURA TALUK, BENGLAURU RURLA DISTRICT PIN -561203 24. SMT HEMAVATHI W/O SRI VASANTH KUMAR, D/O LATE SRI MARICHANNAIAH, AGED ABOUT 36 YEARS, R/AT KADASBAGERE VILLAGE, DASANAPURA HOBLI, NELAMANGLA TALUK, BENGALURU NORTH TALUK, BENGALURU-562130. 25. SMT MUNIYAMMA W/O LATE SRI MUNICHANNAIAH, AGED ABOUT 67 YEARS, R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU-562132. 26. SMT NANJAMMA W/O SRI THIMMAPPA, AGED ABOUT 75 YEARS, - 6 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 R/AT K.R. PURAM, OLD MADRAS ROAD, BENGALURU-560036. 27. SMT GANGAMMA W/O SRI GANGAIAH, AGED ABOUT 70 YEARS, R/AT JATTIPALYA VILLAGE, TAVAREKER HOBLI, BENGALURU SOUTH TALUK, BENGALURU-562132. 28. SRI J M NAGARAJU S/O SRI MARICHANNAIAH, AGED ABOUT 45 YEARS, 29. SRI J M PUTTARAJU S/O SRI MARICHANNAIAH, AGED ABOUT 40 YEARS, 30. SRI KRISHNA S/O SRI MARICHANNAIAH, AGED ABOUT 37 YEARS, R28 TO R30 ARE R/AT YALACHAGUPPE VILLAGE, MAGADI ROAD, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, PIN-562130 31. SRI JINNAPPA S/O LATE SRI VENAKTASWAMY AGED ABOUT 55 YEARS 32. SRI HANUMANTHAIAH S/O LATE SRI VENAKTASWAMY AGED ABOUT 45 YEARS 33. SMT GANGAMMA W/O LATE SRI MARAPPA AGED ABOUT 55 YEARS - 7 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 34. SRI SANTHOSH S/O LATE MARAPAP AGED ABOUT 25 YEARS 35. SRI KRISHNAPPA S/O LATE SRI VENKATASWAMY AGED ABOUT 50 YEARS R31 TO R35 ARE R/AT JATTIPALYA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU 562130 36. SMT GANGANARASAMMA W/O SRI ANJANAPPA AGED ABOUT 60 YEARS R/AT HONNAGANAHATTI VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU 562130 37. SMT BADRAMMA W/O SRI PUTTANARASAPPA AGED ABOUT 60 YEARS R/A BEEMANAKUPPE VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK PIN 560060 38. SMT NANJUNDAMMA S/O SRI GANGAPPA AGED ABOUT 62 YEARS R/AT HONNAGANAHATTI VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU 562130 …RESPONDENTS (BY SRI.NARENDRA PATGAR, ADVOCATE FOR R1 & R2; R3 TO R8, R12 TO R21, R24,R27,R31,R32,R34,R35,R36 R37 & R38 ARE SERVED) - 8 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE IMPUGNED ORDER DATED 31/10/2023 PASSED ON I.A. NO. 47 UNDER ORDER 6 RULE 17 R/W SECTION 151 OF CPC IN OS 388/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI AT MAGADI VIDE ANNEXURE-E. b) ALLOW THE SAID APPLICATION I.E. THE APPLICATION FILED UNDER ORDER 6 RULE 17 R/W SECTION 151 OF CPC ANNEXURE-C (IA NO. 47). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant No.33 in O.S.No.388/2014 is directed against the impugned order dated 31.10.2023 passed on I.A.No.47/2023, whereby the said application filed by the alleged GPA holder of defendant No.33 was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent Nos.1 and 2-plaintiff 1(a) and (b) instituted the aforesaid suit against the petitioner-defendant No.33 and other defendants for partition and separate possession of their alleged share in the suit schedule immovable property and for other reliefs. In the first instance, the original defendant No.33 filed a written - 9 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 statement on 04.10.2021. Subsequently, Harish J., S/o Jayaramaiah, claiming to be the power of attorney holder of defendant No.33, filed the present application I.A.No.47/2023 seeking amendment of the written statement, which was rejected by the trial Court by the impugned order, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. Learned counsel for the petitioner submits that the petitioner may be permitted to withdraw I.A.No.47/2023 filed by his GPA holder Harish J., and that the petitioner may be reserved liberty to file a new/fresh amendment application through himself and not through his power of attorney holder and the same may be directed to be considered by the trial Court in accordance with law. 5. The aforesaid submission is placed on record. 6. Accordingly, the petition stands disposed of by permitting petitioner-defendant No.33 to withdraw I.A.No.47/2023 filed by his power of attorney holder. 7. Liberty is reserved in favour of the petitioner to file a fresh/new amendment application himself and if such an application is filed, the trial Court shall provide an opportunity to the - 10 - HC-KAR NC: 2026:KHC:8078 WP No. 28537 of 2023 plaintiff and other defendants to file objections to the application and dispose of the said application in accordance with law, without being influenced by the findings and observations recorded in the impugned order. 8. It is made clear that the fresh/new amendment application is to be filed by the petitioner-defendant No.33 himself and not through his alleged power of attorney holder. 9. Subject to the aforesaid directions, petition stands is disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 7