- 1 - HC-KAR NC: 2026:KHC:7551 WP No. 7711 of 2025 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. 7711 OF 2025 (GM-CPC) BETWEEN: 1. SMT.THAYAMMA W/O LATE JAYANNA, AGED ABOUT 48 YEARS, HOUSE WIFE. 2. SMT.SINDU D/O LATE JAYANNA AGED ABOUT 26 YEARS, 3. MISS. BINDU D/O LATE JAYANNA MAJOR ALL ARE R/O GEJJALAGERE VILLAGE, MADDUR TALUK-571428 …PETITIONERS (BY SRI. VIVEKANANDA T P., ADVOCATE) AND: 1. SMT.NINGEGOWDA S/O LATE DONNE RAMANNA, AGED ABOUT 49 YEARS 2. SMT.JAYARATHNA W/O NINGEGOWDA, AGED ABOUT 43 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7551 WP No. 7711 of 2025 HOUSE WIFE 3. SMT. NINGAMMA W/O LATE RAMMANNA, AGED ABOUT 68 YEARS, HOUSEWIFE 1 TO 3 ARE RESIDENTS OF GEJJALAGERE VILLAGE, MADDUR TALUK- 571 428 MANDYA DISTRICT. 4. SMT. MANGALA W/O SHIVARAMAIAH, AGED ABOUT 56 YEARS, HOUSE WIFE R/O CHANNEGOWDANADODDY, MADDUR TOWN-571 428 5. SMT. SOWBHAGYAMMA W/O SHANAKARA AGED ABOUT 46 YEARS HOUSEWIFE R/O SADOLALU VILLAGE, KASABA HOBLI, MADDUR TALUK- 571 428. …RESPONDENTS (BY SRI. ARCHANA MURTHY., ADVOCATE FOR R1 AND R2; R3, R4 AND R5 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 04.01.2025 ON IA NO. 21 IN OS NO. 467/2017 PASSED BY THE FIRST ADDITIONAL CIVIL JUDGE AND JMFC, MADDUR AT ANNX-F., AND ETC. - 3 - HC-KAR NC: 2026:KHC:7551 WP No. 7711 of 2025 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 plaintiff in OS.No.467/2017 on the file of the I Additional Civil Judge and JMFC, Maddur is directed against the impugned order passed on IA No.21 dated 04.01.2024 whereby the said application filed by the petitioner/plaintiff under Order VI Rule 17 of CPC for amendment of the plaint was dismissed by the trial Court. 2. Heard the learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners/plaintiffs instituted the aforesaid suit against the respondents/defendants for partition and separate possession of their alleged share in the suit - 4 - HC-KAR NC: 2026:KHC:7551 WP No. 7711 of 2025 schedule immovable properties and for other reliefs. The said suit is being contested by the respondents/defendants. At the stage of plaintiffs' evidence, after filing the affidavit in lieu of examination-in- chief by petitioner No.1, the plaintiffs filed the instant application seeking amendment of the plaint by making some corrections in the schedule to the suit schedule properties. The said application having been opposed by the respondents, the trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which the petitioners are before this Court by way of the present petition. 4. A perusal of the impugned order will indicate that the reasoning of the trial Court and the findings recorded by it are contrary to the principles laid down by the Apex Court in the case of Dinesh Goyal @ Pappu Vs. Suman Agarwal (bindal) and Others reported in 2024 INSC 726 as well as the recent judgment of this Court in the case of Mohammed Rafi Vs. Bande Nawaz in - 5 - HC-KAR NC: 2026:KHC:7551 WP No. 7711 of 2025 W.P.No.108512/2025 dated 16.12.2025. It is also relevant to state that no prejudice can be said to have been caused to the respondents/defendants if amendment was allowed especially when they would have an opportunity to file their additional written statement to the amended plaint. 5. Under these circumstances, I am of the view that the impugned order passed by the trial Court rejecting IA.No.21 has occasioned failure of justice warranting interference by this Court in the present petition. 6. In result, I proceed to pass the following" ORDER i. Writ petition is allowed subject to payment of cost of Rs.10,000/- to the High Court Advocates' Benevolent Welfare Fund. ii. Impugned order dated 04.01.2024 in OS.No.467/2017 on the file of the I Additional Civil Judge and JMFC, Maddur is hereby set aside. - 6 - HC-KAR NC: 2026:KHC:7551 WP No. 7711 of 2025 iii. I.A.No.21 filed by the petitioners/plaintiffs is allowed. iv. Liberty is reserved in favour of respondents/defendants to file their additional written statement to the amended plaint. v. The trial Court is directed to proceed further by taking into account the amended/additional pleadings of the parties and dispose of the suit in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE RJ List No.: 1 Sl No.: 25