- 1 - HC-KAR NC: 2026:KHC:32707 W.P. No.21521/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21521/2021 (GM-CPC) BETWEEN: 1. SRI. B.V. VINOD KUMAR S/O LATE B.C. VISHWANATH AGED 43 YEARS R/AT NO.47, JOTHI NAGAR BEHIND KEB, MYSORE ROAD BENGALURU-560 039. 2. SMT. B.V. PUSHPALATHA D/O LATE B.C. VISHWANATH AGED ABOUT 41 YEARS R/AT NO.47/1, KALAS NIMANTHAKAR STREET KALASIPALYAM, VELLORE TAMIL NADU – 632001. …PETITIONERS (BY SRI. MANOJ GOWDA N.K. ADV., FOR SRI. K. SEENAPPA, ADV.,) AND: 1. SRI. V. VEERABHADRAPPA S/O LATE VEERANNA AGED 81 YEARS. 2. SRI. SHIVANNA S/O V. VEERABHADRAPPA AGED 42 YEARS. 3. SRI. V. MANJUNATH S/O V. VEERABHADRAPPA Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32707 W.P. No.21521/2021 AGED 45 YEARS. 1 TO 3 ARE R/AT OPP. SRI KRISHNA TEMPLE ROAD ADARSHA LAYOUT, MALLATHAHALLI GNANA JYOTHI NAGAR BENGALURU-560 056. 4. SRI. V. UDHYANDAPPA S/O V. VEERABHADRAPPA AGED 47 YEARS R/AT MALLATHAHALLI VILLAGE YESHWANTHPUR HOBLI BENGALURU SOUTH TQ-560 056. 5. SRI. H.P. KUMAR S/O H.D. PUTTAIAH AGED 46 YEARS R/AT SHREE SHA NIVAS NO.108, 16TH CROSS, MTS STREET KENGERI UPANAGAR BENGALURU-560 060. …RESPONDENTS (BY SRI. K.S. NARESH SANTHOSH, ADV., FOR R5 V/O/DTD:01.12.2021 NOTICE TO R1 TO R4 STANDS WAIVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A THE IMPUGNED ORDER DATED 06.11.2021 PASSED BY THE XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENAGALURU (CCH-38) ON THE IA FILED UNDER ORDER VI RULE 17 R/W SEC 151 OF CPC IN OS.NO.5091/2014. DIRECTING THE XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-38) TO PERMIT THE PETITIONERS TO AMEND THE PLAINT IN O.S.NO.5091/2014 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:32707 W.P. No.21521/2021 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 06.11.2021 passed in O.S.No.5091/2014 by the XXXVII Additional City Civil and Sessions Judge, Bengaluru, (for short, ‘the trial Court’). 2. Sri.Manoj Gowda, learned counsel appearing for Sri.K.Seenappa, learned counsel for the petitioners submits that petitioners-plaintiffs have filed the suit in O.S.No.5091/2014 for declaration and injunction. In the said suit, the plaintiffs have handwritten the name of the Village and Hobli in the schedule while filing the plaint. However, when the amended plaint is filed, after bringing the legal heirs of plaintiff No.2 on record, the same handwritten Village and Hobli was missed by inadvertence. Hence, they filed an application to amend the plaint which came to be rejected by the trial Court under the impugned order. It is submitted that in the body of the plaint there is a reference with regard to the Village and Hobli and even - 4 - HC-KAR NC: 2026:KHC:32707 W.P. No.21521/2021 in the schedule in the original plaint the name of the Village and Hobli is mentioned in handwritten. However, it was missed in the amended plaint. Hence, out of an abundance caution, an application was filed seeking amendment of the schedule which came to be rejected by trial Court without assigning any proper reasons. Hence, he seeks to allow the petition. 3. There is no representation on behalf of the respondents. 4. The petitioners have filed the suit in O.S.No.5091/2014 seeking the relief of declaration as well as permanent injunction. The perusal of the plaint indicates that plaintiffs have added the name of the Village and Hobli in Schedule ‘A’ and ‘B’ to the plaint by handwriting. Thereafter, when an amended plaint was filed, after bringing on record the legal representative of the deceased plaintiff No.2, the Village and Hobli was missed in the schedule. The plaintiffs filed an application - 5 - HC-KAR NC: 2026:KHC:32707 W.P. No.21521/2021 under Order VI Rule 17 read with Section 151 of CPC seeking to correct the typographical error in the schedule. The said application was opposed by the defendants. The trial Court under the impugned order rejected the said application solely on the ground that cause shown in the application is not sufficient. 5. It is required to be seen that the plaint averment at para Nos.3 and 4 makes a specific reference with regard to the site number, assessment number, khata number, kaneshumari number and name of the village, Hobli, as well as Taluka. The original plaint, when filed, the plaintiffs have inserted the name of the Village and Hobli in handwriting which can be seen in the Schedule ‘A’ and ‘B’ to the plaint. The plaintiff has filed amended plaint after bringing on record the legal representative of plaintiff No.2 and in the said plaint the name of the Village and Hobli are missing from the Schedule ‘A’ and ‘B’ property. - 6 - HC-KAR NC: 2026:KHC:32707 W.P. No.21521/2021 6. It is required to be noticed that the proposed amendment is a formal amendment which would not change the nature of relief, nor change the cause of action, nor cause any prejudice to the other side, but it keeps the records straight. The plaintiffs have clearly stated the description of the property in para Nos.3 and 4 of the plaint, including a specific reference to the Village, Hobli and Taluka. Considering the said aspect, I am of the view that the trial Court has committed a grave error in rejecting such an application, which if allowed, would not cause any harm to the other side. 7. Hence, for the aforementioned reasons, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 06.11.2021 passed in O.S.No.5091/2014 by the XXXVII Additional City Civil and Sessions Judge, Bengaluru, is set aside. Consequently, - 7 - HC-KAR NC: 2026:KHC:32707 W.P. No.21521/2021 application filed by the plaintiffs under Order VI Rule 17 read with Section 151 of CPC is allowed. iii. The plaintiffs shall file amended plaint within a period of three weeks from today before the trial Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 30