Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18625 WP No. 10096 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10096 OF 2026 (GM-CPC)
BETWEEN:
1.
SMT MANJULA W/O LATE SRI. SHADAKSHARI, AGED ABOUT 55 YEARS
2.
SMT ASHA W/O SRI RUDRESH, D/O LATE SRI SHADAKSHARI, AGED ABOUT 33 YEARS
3.
SRI. ARUNA, S/O LATE SRI SHADAKSHARI, AGED ABOUT 29 YEARS.
ALL ARE R/O ARADAVALLI VILLAGE, MUGULUVALLI POST, AMBLE HOBLI, CHIKKAMAGALURU-577101.
…PETITIONERS (BY SRI. VIKAS M, ADVOCATE) AND:
1.
SMT RENUKAMMA W/O LATE SRI SHADAKSHARI, AGED ABOUT 48 YEARS
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:18625 WP No. 10096 of 2026
2.
SRI. ANAND A. S S/O LATE SRI SHADAKSHARI, AGED ABOUT 25 YEARS
BOTH ARE R/O ARADAVALLI VILLAGE, MUGULUVALLI POST, AMBLE HOBLI, CHIKKAMAGALURU TALUK-577101.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 03.12.2025 PASSED IN OS NO. 43/2023 IN IA NO. 3 BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND CJM CHIKKAMAGALURU VIDE ANNX-A AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
In this writ petition, the petitioners/defendants called in question the impugned order dated 03.12.2025 passed by the Principal Senior Civil Judge and C.J.M., Chikkamagaluru (for short the ‘Trial Court’) in O.S.
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HC-KAR NC: 2026:KHC:18625 WP No. 10096 of 2026
No.43/2023, whereby the application i.e., I.A. No.III filed by the petitioners under Order VI Rule 17 read with Section 151 of CPC seeking amendment of the suit schedule was dismissed.
2. For the sake of convenience, the parties herein are referred to as per their ranking before the Trial Court.
3. The plaintiffs have filed a suit for partition and separate possession of the suit schedule properties. Upon service of summons to the defendants, the defendants have appeared and filed their written statement.
4. Based on the pleadings of the parties, the Trial Court has framed issues. When the matter was taken up for evidence, the defendants filed an application under
Order VI Rule 17 read with Section 151 of CPC, seeking to incorporate the proposed property therein as Item No.11 in the suit.
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HC-KAR NC: 2026:KHC:18625 WP No. 10096 of 2026
5. The Trial Court dismissed the said application on the ground that the defendants cannot compel or direct the plaintiffs to include the proposed property in the plaint. This Court is of the opinion that there is no error or illegality in the order passed by the Trial Court.
6. Accordingly, the writ petition is dismissed.
7. It is made clear that, the dismissal of this writ petition shall not prevent the defendants from filing any necessary application for seeking a direction to the plaintiff to include all the joint family properties in accordance with law. This order shall not in any way hinder the Trial Court from considering such an application filed in accordance with law. The trial court shall consider the same in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE
AMM List No.: 1 Sl No.: 17