- 1 - HC-KAR CNR: KAHC010578672022 NC: 2026:KHC:45358 WP No. 25534 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 25534 OF 2022 (GM-CPC) BETWEEN: V. SHANTHA D/O LATE G. GIRIYAPPA AGED ABOUT 84 YEARS R/A NO.35 SUNKALPET MAIN ROAD CUBBONPET BENGALURU - 560 002. …PETITIONER (BY SRI. SUNIL KUMAR PATEL., ADVOCATE) AND: 1. G. SRINIVAS S/O LATE G. GIRIYAPPA AGED ABOUT 74 YEARS R/A NO.A-8, 106 JANAPRIYA APARTMENTS BINNAMANGALA NELAMANGALA TALUK BENGALURU RURAL DIST. - 562 123. 2. G. RAMACHANDRA S/O LATE G. GIRIYAPPA AGED ABOUT 71 YEARS R/A NO.1, PETENARAYANAPPA BUILDING Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010578672022 NC: 2026:KHC:45358 WP No. 25534 of 2022 2ND CROSS, HOSALLI 9TH 'B' MAIN ROAD VIJAYANAGAR BENGALURU - 560 040. 3. G. SOMASUNDAR S/O LATE G. GIRIYAPPA AGED ABOUT 70 YEARS NO.8, TYPE-IV STAFF QUARTERS SHANKARPURAM TELEPHONE EXCHANGE BULLA TEMPLE ROAD BENGALURU - 560 019. 4. VARUN ATMA PRAKASH S/O LATE PRABHASHEKAR AGED ABOUT 41 YEARS R/A NO.35 SUNKALPET MAIN ROAD CUBBONPET BENGALURU - 560 002. …RESPONDENTS (BY SRI M.T. JAGAN MOHAN, ADVOCATE FOR SMT. SATHYAVATHI C.D., ADVOCATE FOR R1; SRI T.H. NARAYANA, ADVOCATE FOR R2 AND R3 R4 - SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 21.10.2022 , PASSED ON I.A.12, FILED U/OR. 6 RULE 17 R/W SEC. 151 OF CPC, 1908 IN O.S NO.312/2013, PENDING ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT NELAMANGALA, VIDE ANNEXURE-A AND ETC. - 3 - HC-KAR CNR: KAHC010578672022 NC: 2026:KHC:45358 WP No. 25534 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition has filed challenging the order dated 21.10.2022 passed in OS No.312/2013 by the Additional Senior Civil Judge and JMFC, Nelamangala (hereinafter referred to as "the Trial Court"). 2. Heard Sri Sunil Kumar Patel, learned counsel appearing for the petitioner, Sri M.T. Jagan Mohan, learned counsel for Smt. Sathyavathi C.D., learned counsel appearing for respondent No.1 and Sri. T.H. Narayana, learned counsel for respondent Nos.2 and 3. 3. Respondent No.1 filed a suit in O.S. No.312/2013 seeking the relief of partition and separate possession of one-fifth share in the suit schedule property by metes and bounds. 4. In the said suit, the petitioner is arrayed as defendant No.3. Defendant Nos.2 and 3 filed their written - 4 - HC-KAR CNR: KAHC010578672022 NC: 2026:KHC:45358 WP No. 25534 of 2022 statement on 15.04.2014, contending that the plaintiff had relinquished his right over the property in the year 1979 in favour of the petitioner and that they are entitled to an appropriate share in the suit schedule property. Defendant No.1 in the suit filed a written statement on 17.09.2018, denying the plaint averments and specifically contending that their mother, Late G. Savitramma, had executed a Will dated 17.10.2011 and bequeathed all the suit schedule properties in favour of defendant No.1. 5. The petitioner/defendant No.3 filed an application under Order VI Rule 17 of the CPC seeking amendment of the written statement by incorporating paragraphs Nos.8 to 10 therein. It was contended that defendant No.1 had created the Will, that their mother was not in a fit state of mind to execute the Will and that the said Will was not binding. The petitioner also sought to amend the share claimed from one-fifth to one-fourth. The said application was opposed by the plaintiff as well as the other defendants. The Trial Court, under the impugned - 5 - HC-KAR CNR: KAHC010578672022 NC: 2026:KHC:45358 WP No. 25534 of 2022 order, rejected the application mainly on the ground that there was no due diligence and that there was delay in filing the application. 6. It is to be noticed that defendant No.1 had filed a written statement on 17.09.2018. After filing of the written statement by defendant No.1, it was specifically stated that their mother had executed a Will dated 17.10.2011. When such a stand was taken by defendant No.1, the plaintiff had not taken any steps to seek amendment of the plaint by taking an appropriate stand with regard to the Will. Considering the said aspect and also taking note of the fact that defendant No.3/petitioner contends that the executant of the Will was not in a fit state of mind at the time of the alleged execution of the Will, the correctness and validity of the Will is required to be adjudicated by the Trial Court. Hence, I am of the view that, even though there is a delay in filing the application and the trial has commenced, the application deserves to be allowed. - 6 - HC-KAR CNR: KAHC010578672022 NC: 2026:KHC:45358 WP No. 25534 of 2022 7. It is to be further noticed that the written statement was filed by defendant No.1 on 17.09.2018 and the present application was filed in the year 2022. Considering the same, the application deserves to be allowed subject to payment of costs, while keeping open all the contentions to be urged before the Civil Court. 8. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 21.10.2022 passed in O.S. No.312/2013 by the Additional Senior Civil Judge and JMFC, Nelamangala, is set aside. Consequently, I.A.No.12 filed by the petitioner/defendant No.3 under Order VI Rule 17 read with Section 151 of the CPC is allowed, subject to the petitioner/defendant No.3 paying costs of Rs.5,000/- (Rupees Five Thousand only) to the High Court Legal Services Committee. - 7 - HC-KAR CNR: KAHC010578672022 NC: 2026:KHC:45358 WP No. 25534 of 2022 iii. The petitioner/defendant No.3 shall file the amended written statement within a period of three weeks from the date of receipt of a copy of this order. SD/- (VIJAYKUMAR A. PATIL) JUDGE TMP List No.: 1 Sl No.: 27