- 1 - HC-KAR CNR: KAHC010008752023 NC: 2026:KHC:38870 W.P. No.163/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.163/2023 (GM-CPC) BETWEEN: 1. NANJUNDAPPA @ THAMMAIAH S/O NANJUNDAPPA AGED 78 YEARS R/AT. MARASANDRA VILLAGE KASABA HOBLI, MALUR T LAUK KOLAR DISTRICT 563130. 2. MANJUNATHA S/O NANJUNDAPPA AGED 56 YEARS R/AT NO.701, LINGADHEERA MALLASANDRA VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT 560 067. 3. JAYANNA S/O NANJUNDAPPA AGED 52 YEARS R/AT JAYANNA BUILDING THIMMAREDDY LAYOUT OPP. THIRUMALA BAKERY CHANNASANDRA VILLAGE KADUGODI POST, BANGALORE 560 067. 4. CHANDRASHEKAR S/O NANJUNDAPPA AGED 46 YEARS R/AT CHANDRASHEKAR BUILDING THIMMAREDDY LAYOUT Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010008752023 NC: 2026:KHC:38870 W.P. No.163/2023 OPP. THIRUMALA BAKERY CHANNASANDRA, KADUGODI POST BENGALURU 560 067. …PETITIONERS (BY MS. SADHANA N, ADV., FOR MR. GURURAJ R, ADV.,) AND: 1. SMT. GOWRAMMA W/O SHIVANANDAIAH D/O NANJUNDAPPA @ THAMMAIAH AGED 56 YEARS R/AT LINGADHEERA MALLASANDRA VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT 560 067. 2. SMT. PUTTAMMA W/O VIJAYAKUMAR D/O NANJUNDAPPA @ THAMMAIAH AGED 50 YEARS R/AT LINGADAVEERANAHALLI VILLAGE B.D. PURA POST KORATEGERE TALUK TUMAKUR DISTRICT 572129. 3. SMT. BASAMMA W/O SHIVARUDRAIAH AGED 48 YEARS R/AT LINGADAVEERAHALLI B.D PURA POST KORATAGERE TALUK TUMAKURU DISTRICT 572 129. 4. SMT. VEENA W/O MRUTHYANJAYA D/O MANJUNATHA AGED 32 YEARS - 3 - HC-KAR CNR: KAHC010008752023 NC: 2026:KHC:38870 W.P. No.163/2023 R/AT MRUTHYANJAYA BUILDING NAGONDAHALLI MAIN ROAD CHANNASANDRA BENGALURU 560 067. …RESPONDENTS (BY SRI. S. VISWESWARAIAH, ADV., FOR R1 SRI. VIJAY KUMAR K, ADV., FOR R2 TO R4) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30.11.2022 PASSED ON I.A.NO. VI IN O.S.NO. 202/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT MALUR AS PER ANNEXURE -E, IN SO FOR AS REJECTING THE PRAYER SEEKING RAISING OF PRELIMINARY ISSUE ON THE POINT OF JURISDICTION & ETC. 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 challenging the order dated 30.11.2022 passed on I.A.No.VI in O.S.No.202/2016 by the Senior Civil Judge and JMFC, Malur (for short, ‘the Trial Court’). - 4 - HC-KAR CNR: KAHC010008752023 NC: 2026:KHC:38870 W.P. No.163/2023 2. Heard Miss Sadhana N., learned counsel appearing on behalf of Sri.Gururaj R., learned counsel for the petitioners, Sri.S.Visweswaraiah, learned counsel appearing for the respondent No.1 and Sri.Vijay Kumar K., learned counsel appearing for the respondent Nos.2 to 4. 3. The respondent No.1 herein had filed a suit in O.S.No.202/2016 for the relief of partition and separate possession with regard to suit schedule properties. In the said suit, the petitioners are the defendants. They have filed a written statement. Thereafter, they filed an application in I.A.No.VI under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) seeking to amend the written statement by adding paragraph 11(a). The said application was opposed by the plaintiff. The Trial Court, under the impugned order allowed the application by permitting the defendant No.1 to carry out the amendment in respect of - 5 - HC-KAR CNR: KAHC010008752023 NC: 2026:KHC:38870 W.P. No.163/2023 the pleading and rejected the prayer to frame the preliminary issue regarding the maintainability of the suit. 4. A perusal of the application in I.A.No.VI filed by the defendants indicate that the defendant No.1 is seeking to incorporate paragraph 11(a) in the written statement, to contend that the suit schedule properties are the self- acquired properties of the defendant No.1, that the plaintiff has no right or share in the suit schedule properties during the lifetime of the defendant No.1, that the suit of the plaintiff is not maintainable and sought to frame the preliminary issue regarding the maintainability of the suit. The Trial Court has rightly allowed the application for amendment by permitting the defendant No.1 to incorporate paragraph No.11(a) and rejected to frame the preliminary issue. It is to be noticed that the Trial Court has rightly recorded the reasons that whether the suit schedule properties are the self-acquired properties or the joint family properties is required to be - 6 - HC-KAR CNR: KAHC010008752023 NC: 2026:KHC:38870 W.P. No.163/2023 gone into in a suit for partition. I do not find any error or perversity in the finding recorded by the Trial Court calling for interference in this petition. 5. Accordingly, the writ petition is devoid of merits and the same is hereby rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 49