- 1 - HC-KAR NC: 2026:KHC:33729 W.P. No.12806/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.12806/2021 (GM-CPC) BETWEEN: K.T. THIMMA REDDY S/O K. THIPPA REDDY AGED ABOUT 76 YEARS R/AT NO.107, 9TH CROSS IST BLOCK, R T NAGAR BENGALURU-560032. …PETITIONER (BY SRI. YASHWANT B. POOJAR, ADV., FOR SRI. RAKESH B. BHATT, ADV.,) AND: 1. L. LAKSHMINARAYAN REDDY S/O K.V. LAKSHMANA REDDY AGED ABOUT 45 YEARS R/AT CHUNCHA GATTA BANGALORE. NOW AT C/O NARAYANASWAMY NO.116, II FLOOR RELIANCE CLUB ROAD GAURAV NAGAR, 7TH PHASE J P NAGAR, BENGALURU-560078. 2. L. RAJAGOPALA REDDY S/O K.V. LAKSHMANA REDDY AGED ABOUT 43 YEARS DATA ENTRY OPERATOR Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33729 W.P. No.12806/2021 URBAN WATER SUPPLY AND SEWERAGE BOARD, DHARWAD. NOW AT NO.1298, 14TH CROSS RAMAKRISHNANAGAR E AND F BLOCK NEAR RUBY BAKERY MYSORE-570022. 3. L. SOMASUNDARA S/O K. LAKSHMANA REDDY AGED ABUT 37 YEARS C N C PROGRAMMER, BANGALORE. NOW AT SRI RAMA COMPLEX IST FLOOR, OPP INDIAN OVERSEAS BANK AVALAHALLY, S N HALLY POST BENGALURU-560064. 4. SMT. L. ANNAPOORNAMMA W/O K.V. LAKSHMANA REDDY AGED ABOUT 47 YEARS R/AT NO.627/4, 25TH CROSS 9TH MAIN, 7TH SECTOR H.S.R. LAYOUT, BANGALORE. NOW AT NO.1114 SRI LAKSHMI VENKATESHWARA KRUPA KALPAVRUKSHA LAL BAHADOOR SHASTRI NAGAR ANJANAPURA II BLOCK BENGALURU-560062. 5. SMT. L. BHAGYA LAKSHMI W/O R.N. LAKSHMINARAYANA REDDY D/O K.V. LAKSHMANA REDDY AGED ABOUT 41 YEARS R/AT D NO.5, IST MAIN 2ND CROSS, NARAYANA SWAMY STREET GANAPATHIPURA, KONANAKUNTE POST BANGALORE-560062. - 3 - HC-KAR NC: 2026:KHC:33729 W.P. No.12806/2021 NOW AT NO.195 BHARAT HOUSING CO OPERATIVE SOCIETY LAYOUT, WARD NO.184 SUBRAMANYAPURA, UTTARAHALLY BENGALURU SOUTH TALUK-560061. 6. SMT. SAVITHRAMMA W/O HENJARA REDDY D/O K. THIPPAREDDY R/AT KEMPAPURA CHIKKAMALURU POST MADHUGIRI TALUK-572175. 7. K.T. VENKATAREDDY S/O K. THIPPA REDDY AGED ABOUT 67 YERAS R/AT KEMPAPURA CHIKKAMALURU POST MADHUGIRI TALUK KARNATAKA-572 175. 8. K.V. LAKSHMANA REDDY S/O T. VENKATA REDDY AGED ABOUT 74 YEARS R/AT KEMPAPURA CHIKKAMALURU POST MADHUGIRI TALUK KARNATAKA-572 175. 9. SMT. THIMMAKKA W/O UGRA REDDY D/O K. THIPPA REDDY AGED ABOUT 79 YEARS R/AT BYALYA PURAVARA HOBLI MADHUGIRI TALUK-572 175. 10. SMT. NAGARATHNAMMA W/O THIRUMALA KONDAPPA AGED ABOUT 71 YEARS - 4 - HC-KAR NC: 2026:KHC:33729 W.P. No.12806/2021 R/AT KOTHAKAPULAPALLI NINKAMPALLI POST HINDUPUR MANDAL ANDHRA PRADESH-515 201. 11. ASWATHANARAYANA REDDY S/O PATHA REDDY AGED ABOUT 54 YEARS R/AT BYALYA PURAVARA HOBLI MADHUGIRI TALUK-572175. 12. SMT. B.P. PADMAVATHAMMA W/O K.T. VENKATA REDDY AGED ABOUT 61 YEARS R/AT KEMPAPURA CHIKKAMALURU POST MADHUGIRI TALUK KARNATAKA-572175. 13. SMT. SIVAMMA W/O SADASIVA REDDY AGED ABOUT 59 YEARS D NO.15, IST FLOOR MATASRI NILAYA CHANDRAPURA ANEKAL ROAD HOSURU MAIN ROAD BANGALORE. NOW AT 210/2, IST FLOOR TRANQUIL BUILDING IST CROSS ROAD, 2ND A CROSS NAGAPPA REDDY LAYOUT NEAR GOSPEL CENTRAL CHURCH KAGGADASAPURA BENGALURU-560093. 14. SMT. SUJATHAMMA W/O SREENIVASA REDDY AGED ABOUT 55 YEARS R/AT BYALYA - 5 - HC-KAR NC: 2026:KHC:33729 W.P. No.12806/2021 PURAVARA HOBLI MADHUGIRI TALUK-572175. 15. SMT. PARVATHAMMA W/O B.H. GOVINDA REDDY AGED ABOUT 51 YEARS R/AT BYALYA PURAVARA HOBLI MADHUGIRI TALUK. NOW AT RAJAPPA BUILDING OPP BMTC DEPOT NO.328/5, IGGALUR VILLAGE CHANDAPURA POST, ANEKAL TALUK BENGALURU DISTRICT-560092. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADV., FOR R1 SMT. PREETHI G, ADV., FOR R6 V/O/DTD:14.09.2021, NOTICE TO R7 TO R15 STANDS WAIVED R2 SERVED V/O/DTD:08.11.2021, NOTICE TO R3, R4 H/S V/O/DTD:16.09.2025, NOTICE TO R5 IS H/S) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 16.03.2020 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC MADHUGIRI IN O.S.NO.14/2011 IN ALLOWING I.A.NO.VIII FILED BY R-1 TO 6 UNDER ORDER 6 RULE 17 OF THE CPC - ANNEXURE-A AND DISMISS I.A.NO.VIII FILED BY THE R-1 TO 6 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:33729 W.P. No.12806/2021 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 16.03.2020 passed on I.A.No.8 filed in O.S.No.14/2011 by the Additional Senior Civil Judge and JMFC Madhugiri (for short, ‘the trial Court’). 2. Heard Sri.Yashwant B.Poojar, learned counsel for Sri.Rakesh B.Bhatt, learned counsel appearing for petitioner and Sri.Ashok N.Patil, learned counsel for the respondent No.1 and Smt.Preethi G., learned counsel for the respondent No.6. 3. The respondent Nos.1 to 6 have filed the suit in O.S.No.14/2011 seeking the relief of partition of their share and separate possession with regard to the 13 suit schedule properties. In the said suit, the petitioner, who is defendant No.1, filed a detailed written statement denying the plaint averments. The plaintiffs, on noticing that there - 7 - HC-KAR NC: 2026:KHC:33729 W.P. No.12806/2021 are typographical errors in the Item Nos.6 and 11 of the suit schedule properties with regard to the chakbandi, filed an application in I.A.No.8 under Order VI Rule 17 read with Section 151 of CPC which was opposed by the petitioner by filing detailed objections contending that by amending the chakbandi the right of defendant No.1 would be affected. The trial Court under the impugned order allowed the said application. 4. It is to be noticed that the application for amendment is supported with an affidavit which indicates that by typographical error and oversight, the chakbandi was incorrectly mentioned in the plaint and it is sought to be corrected by way of amendment. In my considered view, the trial Court has rightly allowed the said application noticing that there were typographical errors. It is also to be noticed that the application is filed at the earliest stage of the proceedings and the proposed amendment would neither change the relief sought in the plaint nor change the cause of action nor does it cause any - 8 - HC-KAR NC: 2026:KHC:33729 W.P. No.12806/2021 prejudice to the other side. Hence, by permitting the defendants to file additional written statement, if any, within a period of three (03) weeks from the date of receipt of the copy of this order, the writ petition is disposed of without interfering with the impugned order of the trial Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 37