- 1 - HC-KAR NC: 2026:KHC:30254 WP No. 24586 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 24586 OF 2021 (GM-CPC) BETWEEN: 1. SRI MUNIRAJ S/O NARAYANA CHARI AGED ABOUT 37 YEARS 2. SMT YASHODAMMA W/O NARAYANA CHARI AGED ABOUT 70 YEARS 3. SRI ANAND K S/O NARAYANA CHARI AGED ABOUT 41 YEARS All RESIDING AT NEAR BHAJANAGUDI HAGADUR VILLAGE WHITEFIELD POST, K R PURAM HOBLI BANGALORE EAST TALUK-560066 …PETITIONERS (BY SRI.RAMACHANDRA R.NAIK, ADVOCATE) AND: 1. SMT LEELAMMA W/O LATE H P NAGARAJA D/O LATE NARAYANA CHARI AGED ABOUT 53 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30254 WP No. 24586 of 2021 R/AT NO.1/286, GRAPES GARDEN, MOOKANDAPPALLI VILLAGE HOSUR TALUK KRISHNAGIRI DISTRICT TAMIL NADU STATE-635109 2. SMT NAGARATHNA W/O LATE SRI CHENNA CHARI D/O NARAYANA CHARI AGED ABOUT 35 YEARS RESIDING AT NEAR BHAJANAGUDI HAGADUR VILLAGE WHITEFIELD POST, K R PURAM HOBLI BANGALORE EAST TALUK-560066 …RESPONDENTS (BY SRI.V.N.KUMAR, ADVOCATE FOR R-1; V/O DT.22.04.2026, NOTICE TO R-2 HELD SUFFICIENT) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED JUDGMENT AND ORDER DTD 29.11.2021 PASSED ON THE IA FOR SEEKING AMENDMENT OF PLAINT FILED UNDER ORDER 6 RULE 17 OF CPC BY THE LEARNED V ADDL. SENIOR CIVIL JUDGE BANGALORE RURAL DISTRICT, BANGALORE IN O.S.NO.688/2016 VIDE ANNX- E., ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:30254 WP No. 24586 of 2021 ORAL ORDER This writ petition is filed challenging the order dated 29.11.2021 passed on the Interlocutory Application in O.S.No.688/2016 by the V Additional Senior Civil Judge, Bengaluru Rural District (hereinafter referred to as the 'Trial Court' for short). 2. Heard Sri Ramachandra R. Naik, learned counsel appearing for the petitioners and Sri. V. N. Kumar, learned counsel appearing for respondent No.1. 3. Respondent No.1/plaintiff has filed O.S.No.688/2016 seeking the relief of partition, claiming to be the daughter of defendant No.1. In the said suit, the petitioners have filed a detailed written statement denying the assertions made in the plaint. The records indicate that defendant No.1 has died. Matter was posted to bring legal heirs of the defendant No.1. Thereafter, the plaintiff filed an application under Order VI Rule 17 read with Section 151 of the CPC seeking to amend the plaint. The said - 4 - HC-KAR NC: 2026:KHC:30254 WP No. 24586 of 2021 application was opposed by the defendant Nos.2 to 4. The Trial Court under the impugned order allowed the application. 4. It is to be noticed that the suit filed by respondent No.1/plaintiff is for partition and separate possession and the application is filed at the pre-trial stage seeking to bring one more property within the purview of the suit by contending that the said property is a joint family property and by mistake, it was not included. The petitioners/defendants have denied the said assertion by contending that, in O.S.No.34/1998, there is a finding that the property in question sought to be impleaded is the self-acquired property of defendant No.1. 5. In my considered view, whether the property now added to the schedule to the suit is self-acquired property or a joint family property is required to be adjudicated by the Trial Court in the pending suit. The Trial Court, considering the said aspect, has rightly - 5 - HC-KAR NC: 2026:KHC:30254 WP No. 24586 of 2021 allowed the application. I do not find any error in the order calling for interference. 6. Accordingly, the writ petition is dismissed. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 18