- 1 - HC-KAR NC: 2026:KHC:25695 WP No. 29586 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 29586 OF 2019 (GM-CPC) BETWEEN: 1. SRI. RAMAKRISHNAPPA S/O LATE DASHEERAPPA, AGED ABOUT 58 YEARS, AGRICULTURIST, R/AT PAGALAPALLI VILLAGE, RONUR HOBLI, KOLAR DISTRICT 563135 …PETITIONER (BY SRI. RAMAIAH GOWDA L M ., ADVOCATE) AND: 1. SRI. VENKATASWAMY S/O LATE DASHEERAPPA, AGED ABOUT 61 YEARS, 2. SMT LAKSHMAMMA W/O VENKATASWAMY, AGED ABOUT 58 YEARS, 3. SRI GOVINDAPPA S/O VENKATASWAMY, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25695 WP No. 29586 of 2019 AGED ABOUT 35 YEARS, 4. SRI SRINIVASA S/O VENKATASWAMY, AGED ABOUT 33 YEARS, 5. SRI SHARADAMMA S/O VENKATASWAMY, AGED ABOUT 33 YEARS, RESPONDENT NO.1 TO 5 ARE R/AT ATTIKUNTE VILLAGE, AVANI HOBLI, MULABAGILU TALUK, KOLAR DISTRICT 563127 …RESPONDENTS (BY SRI. VISHNU PRANEET A., ADVOCATE FOR SRI. S.N. PRASHANTH CHANDRA, ADVOCATE FOR R2 TO R5; VIDE ORDER DATED 04.08.2025 - NOTICE TO R1 IS DISPENSED WITH) THIS WRIT PETITION IS FILED PRAYING TO-QUASH THE ORDER DATED 04.06.2019 PASSED BY THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC AT SRINIVASPUR, ON I.A.NO.III IN SUIT O.S.NO.146/2016, PRODUCED AS ANNEXURE-F AND ALLOW THIS WRIT PETITION. THIS WRIT PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:25695 WP No. 29586 of 2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 04.06.2019 passed by the Additional Civil Judge and JMFC, Srinivasapura(for short 'The Trial Court') on IA No.3 in O.S.No.146/2016. 2. Heard Sri.Ramaiah Gowda, learned counsel appearing for the petitioner and Sri. Vishnu Praneet A, learned counsel for respondent Nos.2 to 5. 3. The petitioner has filed O.S.No.146/2016 against the respondents seeking the relief of permanent injunction restraining the defendants and their agents from interfering with the suit schedule property. In the said suit, the defendants have filed a written statement. Thereafter, the petitioner/plaintiff filed an application under Order 6 Rule 17 of CPC seeking to amend the plaint. The respondent Nos.2 to - 4 - HC-KAR NC: 2026:KHC:25695 WP No. 29586 of 2019 5 have filed objections to the said application. The trial Court under the impugned order rejected the said application. 4. It is to be noticed that the suit filed by the petitioner is for bare injunction. In the plaint, the petitioner has made averment that defendant No.1 has gifted the suit schedule property in favour of the plaintiff and immediately after the gift he was put in possession of the property. Based on such premises, suit came to be filed. It is averred that after filing of the written statement by the contesting defendants i.e. defendant Nos.2 to 5, the plaintiff came to know that defendant No.2 is not the wife of the defendant No. 1. Similarly, defendant Nos.3 to 4 are not the children of the defendant No.1. Hence, application was moved seeking to correct the said error in the plaint. The application seeking amendment indicate that the plaintiff is seeking to delete paragraph No.3 of the plaint as well as seeking to insert new paragraph by narrating the fact that the defendant No.1 has executed the gift executed on 31.10.2015. It is also to be noticed that the present application is filed at the early stage of proceedings and allowing such applications would not - 5 - HC-KAR NC: 2026:KHC:25695 WP No. 29586 of 2019 cause any prejudice to the other side. In my considered view, the trial Court has committed grave error in recording the finding that the plaintiff intended to withdraw the admissions. It is needless to observe that the rights of the defendant Nos.2 to 5, if any, they are independent they can always establish by way of filing a written statement or by asserting independently by filing the suit. In view of the aforesaid finding, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 04.06.2019 passed on I.A.No.III in O.S.No.146/2016 is set aside. Consequently, I.A.No.III filed under Order VI Rule 17 of CPC by the plaintiff is allowed. iii. The plaintiff shall file amended plaint within a period of three weeks from today. iv. The respondent Nos.2 to 3 are granted liberty to file additional written statement, if any, within a period of three weeks thereafter. - 6 - HC-KAR NC: 2026:KHC:25695 WP No. 29586 of 2019 Pending applications are closed. No orders to cost. Sd/- (VIJAYKUMAR A. PATIL) JUDGE AG List No.: 1 Sl No.: 13