- 1 - HC-KAR NC: 2026:KHC:16353 WP No. 7457 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7457 OF 2026 (GM-CPC) BETWEEN: SRI. NARAYANASWAMY S/O LATE CHOWDAPPA AGED ABOUT 58 YEARS R/AT GANGAREKALUVE VILLAGE KASABA HOBLI, CHIKKABALLAPURA TALUK KARNATAKA-562 101 …PETITIONER (BY SRI. NARAYANASWAMY R, ADVOCATE) AND: 1. SMT. RATHNAMMA W/O PAPANNA D/O LATE CHOWDAPPA AGED ABOUT 56 YEARS R/AT NO.81, KATTIGENAHALLI VILLAGE YELAHANKA POST BANGALORE NORTH TALUK KARNATAKA-560 064 2. SMT. NARAYANAMMA W/O ASHWATHAPPA D/O LATE CHOWDAPPA AGED ABOUT 50 YEARS R/AT NO.81, KATTIGENAHALLI VILLAGE YELAHANKA POST BANGALORE NORTH TALUK KARNATAKA-560 064 …RESPONDENTS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16353 WP No. 7457 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTIONS, QUASHING THE ORDER DATED 27- 11-2025 PASSED IN I.A. NO.25 IN O.S. NO.241/2018 BY THE I ADDL. CIVIL JUDGE AND JMFC, CHIKKABALLAPURA AT ANNEXURE-G AND ALLOW THE AMENDMENT APPLICATION FILED BY THE PETITIONER UNDER ORDER VI RULE 17 CPC OR IN THE ALTERNATIVE, REMAND THE MATTER FOR FRESH CONSIDERATION IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No. 6 under Articles 226 and 227 of the Constitution of India, challenging the order dated 27.11.2025 passed on I.A. No. 25 in O.S.No.241/2018 by the I Additional Civil Judge and JMFC, Chikkaballapura, whereby the application filed by the petitioner/Defendant No. 6 under Order VI Rule 17 of the Code of Civil Procedure has been dismissed. 2. The respondents/plaintiffs have filed a suit in O.S. No.241/2018 for partition and separate possession. Upon service of summons, petitioner/defendant No. 6 appeared through counsel, filed a written statement, and - 3 - HC-KAR NC: 2026:KHC:16353 WP No. 7457 of 2026 subsequently filed an application under Order VI Rule 17 of the CPC seeking amendment. By way of the proposed amendment, he sought to contend that defendant No. 2 is not a coparcener in the joint family of late Sri Chowdappa and late Smt. Chikkalakkamma, and to withdraw the admission made in the written statement. 3. It is a well-settled principle of law that an amendment which results in withdrawal of an admission cannot ordinarily be allowed. The trial court, after referring to the judgment of the Apex Court in REVAJEETU BUILDERS AND DEVELOPERS VS. NARAYANASWAMY AND OTHERS, reported in (2009) 10 SCC 84, has rightly rejected the application. There is no error or illegality in the order passed by the trial court. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 69