- 1 - HC-KAR NC: 2026:KHC:26943 W.P. No.14254/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.14254/2022 (GM-CPC) BETWEEN: S.M. ERAPPA @ K.M. ERAPPA AGED ABOUT 74 YEARS SON OF LATE MALLAPPA RESIDING AT NO.20 THOLURU SHETTALLI VILLAGE SOMWARPET TALUK DODDATHOLUR, KODAGU KARNATAKA – 571236. …PETITIONER (BY SRI. R. KIRAN, ADV.,) AND: K.G. DAYANANDA AGED ABOUT 55 YEARS SON OF LATE GANIYAPPA R/AT DODDATHOLUR VILLAGE SHANTHALLI HOBLI SOMWARPET TALUK, KODAGU DISTRICT KARNATAKA – 571236. …RESPONDENT (RESPONDENT - K.G. DAYANANDA -SD) THIS WRIT PETITOIN IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.11.4.2022 PASSED BY THE LEARNED PRINCIPAL CIVL AND JMFC AT SOMWARPET, KARNATAKA IN O.S.NO.83/2015 PRODUCED VIDE ANNEXURE-E AND IN TURN ALLOW THE APPLICATION DTD.21.10.2021 FILED BY THE PETITIONER/PLAINTIFF TO AMEND THE PLAINT & ETC. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26943 W.P. No.14254/2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 11.04.2022 passed in O.S.No.83/2015 by the Principal Civil Judge and JMFC, Somwarpet (for short, ‘the trial Court’). 2. Heard Sri.R.Kiran, learned counsel for the petitioner. Though notice is served on the respondent, there is no representation. 3. The petitioner-plaintiff has filed a suit in O.S.No.83/2015 for the relief of declaration that the plaintiff is the owner of ‘A’ schedule property and possession and other consequential reliefs. In the said suit, the respondent- defendant filed detailed written statement opposing the assertions made in the plaint. During the pendency of the proceedings, petitioner-plaintiff has filed an application to amend the plaint, more precisely, the cause title seeking to amend the name of the plaintiff as K.M.Erappa instead of - 3 - HC-KAR NC: 2026:KHC:26943 W.P. No.14254/2022 S.M.Erappa. The said application was rejected by the trial Court on the ground that the defendant has opposed the application and taken a stand in the written statement that the plaintiff has no title over the property. 4. It is to be noticed that the petitioner-plaintiff has produced Aadhaar Card, PAN card, Driving License, Voter ID card issued by the Election Commission of India and all these documents indicate that the name of the petitioner-plaintiff as K.M.Erappa. Taking note of the said documents and averments made in the affidavit accompanying the application, I am of the considered view that no prejudice would be caused to the other side if the petitioner-plaintiff is permitted to correct the typographical error in his name found in the pleadings. 5. For the aforementioned reasons, I proceed to pass the following: ORDER i. Writ petition is allowed. ii. The impugned order dated 11.04.2022 passed in O.S.No.83/2015 by the Principal Civil Judge and JMFC, Somwarpet, is set aside. Consequently, - 4 - HC-KAR NC: 2026:KHC:26943 W.P. No.14254/2022 I.A.No.5 filed for amendment is allowed. The petitioner-plaintiff is permitted to carry out necessary amendment with regard to his name in all the pleadings filed before the trial Court. iii. No orders to cost. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 35