- 1 - HC-KAR CNR: KAHC010666792023 NC: 2026:KHC:36419 WP No. 28410 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 28410 OF 2023 (GM-CPC) BETWEEN: 1. SMT. DEVAKI S/O LATE S. LOKESH AGED ABOUT 45 YEARS 2. SRI. GAGANDEEP NAIDU L S/O LATE S. LOKESH AGED ABOUT 18 YEARS BOTH PRESENTLY RESIDING AT NO. 17 ALALRAJU, MUNISWAMAPPA LANE, NEW THIGALARAPET, BENGALURU - 560 002. …PETITIONERS (BY SRI. MURALIDHAR H.M, ADVOCATE) AND: 1. SMT. S. PANKAJA W/O VIJAKAKUMAR NAIDU, RESIDING AT NO. 128, 12TH CROSS, DOMLUR BENGALURU - 560 0721 2. SMT. S. SHOBHAVATHI W/O LATE Y.R. KESHAVA AGED ABOUT 54 YEARS RESIDING AT NO. 274/A, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010666792023 NC: 2026:KHC:36419 WP No. 28410 of 2023 SECTOR -II, HMT QUARTERS BENGALURU - 560 013. 3. SMT. S. HEMAVATHI W/O LATE K.S. MADAN MOHAN AGED ABOUT 47 YEARS RESIDING AT NO. 8, 1ST CROSS MARUTHI LAYOUT, ATTIGUPPE VIJAYANAGAR, BENGALURU - 560 040. 4. SRI. N. DEVARAJ AGED ABOUT 36 YEARS S/O H. NAGARAJAIAH RSIDING AT NO. SRINIVASA NAGARA PAVAGADA TOWN, PAVAGADA TALUK TUMKUR - 572 116. 5. SRI, MARANNA AGED ABUT 52 YEARS RESIDING AT KORATAGERE TOWN BHOVI COLONEY, KASABA HOBLI KORATAGERE TALUK TUMAKUR - 572 116. 6. SRI. VEERAKYATHARAYA AGED ABOUT 54 YEARS S/O NORINAGAPPA RESIDING AT KATTI NAGENAHALLI KASABA HOBLI TUMAKURU - 572 116. …RESPONDENTS (BY SRI. ANKITH S. REDDY, ADVOCATE FOR R1 TO R3; NOTICE TO R4 TO R6 DISPENSED WITH (VIDE ORDER DATED 19.12.2023) - 3 - HC-KAR CNR: KAHC010666792023 NC: 2026:KHC:36419 WP No. 28410 of 2023 THIS WP IS FILED UNDER ARTICLE 224 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE XXXVII ADDL CITY CIVIL AND SESSIONS JUDGE (CCH-38) BENGALURU PERUSE THE SAME ALLOW THE WP ISSUE A WRIT IN THE NATURE OF CERTIORARI THE QUASHING THE IMPUGNED ORDER DTD 05.12.2023 PASSED IN OS NO. 5285/2017 ON IA 2/2023 VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, 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 05.12.2023 passed on I.A.No.2/2023 in O.S.No.5285/2017 by the XXXVII Additional City Civil and Sessions Judge (CCH-38), Bengaluru (hereinafter referred to as 'the trial Court' for short). 2. Heard the learned counsel for the petitioners, learned counsel for respondent Nos.1 to 3, and meticulously perused the material available on record. - 4 - HC-KAR CNR: KAHC010666792023 NC: 2026:KHC:36419 WP No. 28410 of 2023 3. Respondent Nos.1 to 3 filed a suit in O.S.No.5285/2017 seeking the relief of partition and separate possession. In the said suit, the petitioners herein are defendant Nos.1 and 2. The defendants have filed written statements denying the assertions made in the plaint, and the trial Court framed the issues. Thereafter, the plaintiffs filed their affidavit of examination-in-chief. At that stage, the plaintiffs filed an application in I.A.No.2/2023 under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure (for short "CPC"), seeking amendment of the plaint to insert paragraph 17(b) in the plaint and to include Schedule 'C' Property in the prayer column of the plaint. The said application was opposed by the defendants. The trial Court under the impugned order dated 05.12.2023, allowed the application. 4. The proposed amendment is the narration of the facts relating to the execution of sale deeds by the defendants dated 29.10.2018, 13.12.2018 and - 5 - HC-KAR CNR: KAHC010666792023 NC: 2026:KHC:36419 WP No. 28410 of 2023 07.01.2019. Admittedly, all these transactions have taken place after filing of the suit. The plaintiffs have specifically asserted in the application that the said properties are joint family properties, the plaintiffs are entitled to a share therein, and that by selling those properties, the defendants have purchased another property. In my considered view, the said events have taken place after the institution of the suit, and at the earliest stage of the proceedings. To support the said pleadings, the plaintiffs are seeking to include the property so purchased as Schedule 'C' property. 5. The trial Court, upon considering the said aspects, has rightly come to the conclusion that the application deserves to be allowed. It is also to be noticed that the application was filed immediately after the Chief- examination of PW1. I do not find any error in the order passed by the trial Court calling for interference. - 6 - HC-KAR CNR: KAHC010666792023 NC: 2026:KHC:36419 WP No. 28410 of 2023 6. Accordingly, the writ petition is devoid of merits and the same is rejected. Consequently, I.A.No.1/2026 stands disposed of. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 21