- 1 - HC-KAR CNR: KAHC010257572020 NC: 2026:KHC:37866 W.P. No.3549/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.3549/2021 (GM-CPC) BETWEEN: 1. SRI. T. NARAYANASWAMY S/O LATE THAYAPPA AGED ABOUT 73 YEARS R/AT 2ND CROSS, THANISANDRA RACHENAHALLI MAIN ROAD SHIVARAMA KARANTH NAGAR POST K.R PURAM HOBLI BANGALORE-560077. 2. SRI. T. RAMACHANDRAIAH S/O LATE THAYAPPA AGED ABOUT 63 YEARS R/AT 1ST CROSS, THANISANDRA RACHENAHALLI MAIN ROAD SHIVARAMA KARANTH NAGAR POST K.R PURAM HOBLI BANGALORE-560077. 3. SRI. T. GOVINDARAJU S/O LATE THAYAPPA AGED ABOUT 61 YEARS R/AT 3RD CROSS, THANISANDRA RACHENAHALLI MAIN ROAD SHIVARAMA KARANTH NAGAR POST K.R PURAM HOBLI BANGALORE-560077. 4. SMT. BHAGYAMMA W/O VENKATESHAPPA D/O LATE THAYAPPA Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010257572020 NC: 2026:KHC:37866 W.P. No.3549/2021 AGED ABOUT 65 YEARS R/AT NO.76, 4TH C CROSS INDIRANAGAR BANGALORE-560038. …PETITIONERS (BY SRI. HARSHAVARDHAN, ADV., FOR SRI. NARAYANA SWAMY P.M. ADV.,) AND: 1. SMT. SRIDEVI W/O LATE T. MURTHY @ KRISHNA MURTHY AGED ABOUT 42 YEARS R/AT NO.538, 1ST CROSS THANISANDRA RACHENAHALLI MAIN ROAD SHIVARAMA KARANTH NAGAR POST K.R PURAM HOBLI BENGALURU-560077. 2. SMT. SUSHEELAMMA W/O GURUMURTHY D/O LATE THAYAPPA AGED ABOUT 68 YEARS R/AT J.C.R EXTENSION VENKATAPPA COMPOUND CHITRADURGA TOWN. …RESPONDENTS (BY SRI. VISWANATHA N.S. ADV., FOR R1 R2 SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD.16.6.2020 ON IA NO.7 IN O.S.NO.2461/2017 ON THE FILE OF THE PRINCIPAL CIVIL AND SESSIONS JUDGE AT BANGALORE AND ALLOW IA NO.7 FILED AT ANNEXURE-A BY PETITIONERS IN O.S.NO.2461/2017 PENDING ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE, IN THE ENDS OF JUSTICE & ETC. - 3 - HC-KAR CNR: KAHC010257572020 NC: 2026:KHC:37866 W.P. No.3549/2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following reliefs: “To issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned order dated 16.06.2020, on IA.No.7 in O.S.No.2461/2017, on the file of the Principal City Civil and Sessions Judge at Bangalore, and allow IA.No.7 filed at Annexure-A by the petitioners, in O.S.No.2461/2017 pending on the file of the Principal City Civil and Sessions Judge at Bangalore, in the ends of justice.” 2. Heard the learned counsel for the petitioners, the learned counsel for the respondents and meticulously perused the material available on record. 3. The respondent No.1 filed a suit for partition. In the said suit, defendant Nos.1, 3 and 5 filed a written statement on 07.10.2017. The trial Court framed the issues. Thereafter, defendant Nos.1, 3 and 5 filed an application under Order VI Rule 7 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’) seeking - 4 - HC-KAR CNR: KAHC010257572020 NC: 2026:KHC:37866 W.P. No.3549/2021 amendment of the written statement. The said application was opposed by the plaintiff. The trial Court, under the impugned order rejected the said application. 4. It is required to be noticed that the proposed amendment sought in the written statement is at the earliest stage of proceedings, even the trial has not yet commenced. It is further required to be noticed that defendant Nos.1, 3 and 5 intend to seek correction in the written statement by substituting the date of the Will dated 02.05.1997 to 19.02.1997. To substantiate the same, the averments are made in the application and the reasons necessitating such amendment have also been duly explained in the accompanying affidavit. Considering the aforesaid aspects, I am of the considered view that the application has been filed at an early stage of the proceedings, prior to the commencement of trial. If the date of the Will is allowed to be amended, it is always open to the plaintiff to raise an objection during the course of evidence. By permitting the same, I am of the view that - 5 - HC-KAR CNR: KAHC010257572020 NC: 2026:KHC:37866 W.P. No.3549/2021 the application for amendment deserves to be allowed. For the aforementioned reasons, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 16.06.2020, on IA.No.7 in O.S.No.2461/2017 by the Principal City Civil and Sessions Judge, Bangalore is hereby set aside. Consequently, IA.No.7 is allowed. iii. The defendants shall file an amended written statement within a period of three weeks from the date of receipt of copy of this order. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 21