- 1 - HC-KAR NC: 2026:KHC:18405 WP No. 10674 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. 10674 OF 2026 (GM-CPC) BETWEEN: 1. K. GANAPATHI BHAT S/O P. RAMAYYA BHAT AGED ABOUT 99 YEARS. 2. N VISHNUMOORTHI S/O GANAPATHI BHAT AGED ABOUT 66 YEARS. BOTH ARE R/AT NEKKARE HOUSE BADAGANNUR VILLAGE AND POST PUTTUR TALUK, D.K. DISTRICT-574223. …PETITIONERS (BY SRI. K RAVISHANKAR., ADVOCATE) AND: 1. SIDDI GANAPATHI. N S/O K. GANAPATHI BHAT AGED ABOUT 66 YEARS R/AT NO.89, C CROSS, BANNERGHATTA ROAD GOTTIGERE, BENGALURU - 560 076. 2. N. SANTHOSH KUMAR S/O K. GANAPATHI BHAT AGED 66 YEARS R/AT NEKKARE HOUSE BADAGANNUR VILLAGE AND POST PUTTUR TALUK, D.K. DISTRICT - 574 223 …RESPONDENTS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18405 WP No. 10674 of 2026 (BY SRI. M.P VISHWANATH., ADVOCATE, FOR C/R1: SERVICE OF NOTICE TO R2 IS DISPENSED WITH V/O DATED: 06.04.2026) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 12.03.2025 PASSED ON IA NO. 9 AND ALSO ORDER DATED 19.12.2025 PASSED ON IA NO. 11 PASSED IN OS NO. 15/2017 PENDING ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE PUTTUR (PRODUCED VIDE ANNEXURE-A AND A1) TO THE WP AND CONSEQUENTLY ALLOW IA NO. 9 AND 11 AS PRAYED FOR AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant Nos. 1 and 10 under Article 227 of the Constitution of India, challenging the orders dated 12.03.2025 and 19.12.2025 passed on I.A.Nos.9 and 11, respectively, in O.S.No.15/2017, whereby both the applications were dismissed. 2. For the sake of convenience, the parties are referred to as per their ranking before the trial court. 3. The respondent No.1/plaintiff filed a suit in O.S. No. 15/2017 for partition and separate possession. Upon - 3 - HC-KAR NC: 2026:KHC:18405 WP No. 10674 of 2026 service of summons, the defendants appeared through counsel and filed their written statement. Defendant No. 2 – Honnamma died on 03.11.2017. Defendant No. 10, i.e., the second petitioner herein, claims that the deceased had executed a Will in his favour on 20.03.2016. Therefore, he filed I.A. No. 11 under Order VI Rule 17 read with Section 151 of the CPC, seeking amendment of the written statement, and also I.A.No. 9 under Order VIII Rule 1 read with Section 151 of the CPC for receiving additional written statement filed by defendant No.10. Both applications came to be dismissed by the impugned orders. 4. Though the petitioners were aware of the Will executed by the deceased, there was a delay in filing the application for amendment. However, if the applications for amendment and for receiving additional written statement are allowed, it will not cause any prejudice to the parties. Therefore, by imposing costs, the applications can be allowed. - 4 - HC-KAR NC: 2026:KHC:18405 WP No. 10674 of 2026 5. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The impugned orders dated 12.03.2025 and 19.12.2025 passed on I.A. Nos. 9 and 11, respectively, in O.S. No. 15/2017 by the Additional Senior Civil Judge and JMFC, Puttur, D.K., and the I Additional Senior Civil Judge and JMFC, Puttur, D.K., respectively, are hereby set aside. (iii) I.A. Nos. 9 and 11 filed by the petitioners/ defendant Nos. 1 and 10 are allowed, subject to the condition that the petitioners shall pay cost of Rs. 10,000/- to respondent No.1/plaintiff on or before the next date of hearing, before the trial court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 38