- 1 - HC-KAR NC: 2026:KHC:7369 WP No. 17782 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 17782 OF 2024 (GM-CPC) BETWEEN: 1. SRI RAMASHETTAPPA, S/O.LATE.SHIVANNA, AGED ABOUT 55 YEARS, R/AT.SONDEKOPPA VILLAGE AND POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU- 562 130. 2. SRI.SANJEEVAMURTHY S/O.LATE.VENKATARAMANAYYA, AGED ABOUT 57 YEARS, R/AT.SONDEKOPPA VILLAGE AND POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU- 562 130. …PETITIONERS (BY SRI. R B SADASIVAPPA., ADVOCATE) AND: SRI GIRISH V SRI. VENKATARAMANAPPA, AGED ABOUT 36 YEARS, R/AT.OLD NO.85, NEW NO.440, MUDDINAPALYA MAIN ROAD, ANJANANAGARA, MAGADI MAIN ROAD, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7369 WP No. 17782 of 2024 BENGALURU- 560 091. …RESPONDENT (BY SRI. B M LOKESH., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.10.2023 PASSED IN OS.NO. 1348/18 BY THE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ON THE APPLICATION FILED UNDER ORDER 6 RULE 17 R/W SECTION 152 AND 153 OF CPC AND CONSEQUENTLY ALLOW VIDE ANNX-B ABOVE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiffs in O.S.No.1348/2018 is directed against the impugned order dated 30.10.2023 passed by the IV Additional Senior Civil Judge, Bangalore Rural District, Bangalore, whereby the application filed by the petitioners/plaintiffs under Order VI Rule 17 read with Sections 152 and 153 of CPC to correct the typographical/clerical error that had crept into the judgment and decree was rejected by the trial Court. - 3 - HC-KAR NC: 2026:KHC:7369 WP No. 17782 of 2024 2. Heard the learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner/plaintiff having instituted suit in OS.No.1348/2018 against the respondent/defendant, the said suit came to be decreed in judgment and decree dated 28.02.2023. The said judgment and decree of the trial Court has attained finality and become conclusive and binding upon the parties. 4. Subsequently, the petitioners/plaintiffs filed the instant application under Order VI Rule 17 read with Section 152 and 153 of CPC seeking correction of the typographical/clerical error that crept into the decree by correcting the northern boundary of the suit schedule property as house of Smt.Nagakannike instead of road. Though the said application was not opposed by the respondent, the trial Court proceeded to pass the - 4 - HC-KAR NC: 2026:KHC:7369 WP No. 17782 of 2024 impugned order rejecting the application, aggrieved by which the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record will indicate that the trial Court failed to consider and appreciate that though the suit was disposed of by the aforesaid judgment and decree, it is completely and totally permissible in law for a party to seek correction of the judgment and decree by taking recourse to Section 152 and 153 CPC and failure of the part of the trial Court to appreciate this has resulted in erroneous conclusion. It is also pertinent note that even before the trial Court and this Court, the respondents have not disputed that the northern boundary of the suit property is not road but the house of Smt.Nagakannike. 6. Under these circumstances, I am of the view that the impugned order passed in the trial Court rejecting the application deserves to be set aside and the application - 5 - HC-KAR NC: 2026:KHC:7369 WP No. 17782 of 2024 filed by the petitioner dated 20.07.2023 deserves to be allowed. 7. In the result, I pass the following: ORDER i. Writ petition is hereby allowed. ii. The impugned order dated 30.10.2023 passed by the IV Additional Senior Civil Judge, Bangalore Rural District, Bangalore is set aside. iii. The application dated 20.07.2023 filed by the petitioner under Order VI Rule 17 r/w Section 152 and 153 of CPC is hereby allowed. iv. The Registry of the trial Court is directed to make necessary corrections and issue fresh decree in favour of the parties immediately without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE RJ / List No.: 1 Sl No.: 19