- 1 - HC-KAR CNR: KAHC010674092025 NC: 2026:KHC:46764 WP No. 31464 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 31464 OF 2025 (GM-CPC) BETWEEN: H D MANJUNATH S/O H B DEVENDRAPPA AGED ABOUT 64 YEARS, RESIDING NEAR ESHWARA TEMPLE, HOSADURGA TOWN, HOSADURGA TALUK, CHITRADURGA - 577 501. …PETITIONER (BY SRI. SHEKAR L S., ADVOCATE) AND: 1. MADHUMATHI W/O K P VARDHAMAN AGED ABOUT 63 YEARS, R/A. NO.47, HEGGADADEVARANAPURA, ALUR ROAD, M VEERANNA CROSS, ALUR POST, DASANAPURA HOBLI, BENGALURU - 562 162. 2. PADMAPRABHU S/O H B DEVENDRAPPA AGED ABOUT 69 YEARS, R/A. PADMA BANGLE STORES, HIRIYUR CIRCLE, PARSHWANATH COMPLEX, HOSADURGA TOWN, CHITRADURGA - 577 501. Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010674092025 NC: 2026:KHC:46764 WP No. 31464 of 2025 3. NAGARTNAMMA W/O H D MANJUNATH, AGED ABOUT 52 YEARS, RESIDING NEAR ESHWARA TEMPLE, HOSADURGA TOWN, HOSADURGA TALUK, CHITRADURGA - 577 501. 4. M DHARANENDRA S/O MUNIRAJU, AGED ABOUT 50 YEARS, R/A. KALAMMA STREET, HOSADURGA TOWN, CHITRADURGA-577 501. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR WRIT BY QUASHING THE IMPUGNED ORDER DATED 08/09/2025 ALLOWING THE APPLICATION UNDER ORDER VI RULE 17 OF CPC FOR AMENDMENT OF PLAINT IN O.S.NO.98/2022 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC AT HOSADURGA VIDE ANNEXURE-N; (II) DISMISS IA NO.IV FILED BY THE PLAINTIFF/RESPONDENT NO.1 UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF CPC IN O.S.NO.98/2022 ON THE FILE OF ADDL. CIVIL JUDGE AND J.M.F.C., HOSADURGA AT ANNEXURE-L. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI - 3 - HC-KAR CNR: KAHC010674092025 NC: 2026:KHC:46764 WP No. 31464 of 2025 ORAL ORDER Heard the learned counsel for the petitioner. 2. This petition is filed seeking setting aside of the order dated 08.09.2025 in O.S. No.98/2022 whereby the application filed by the plaintiff under Order VI Rule 17 of the CPC was allowed. 3. The plaint that is enclosed as Annexure - A to the petition seeks declaration that the suit schedule properties are ancestral and joint family properties of the plaintiff and that of defendant Nos.1 to 3. Further declaration is sought for declaring the registered gift deed dated 25.01.2018 executed by deceased Smt. Susheelamma in favour of defendant No.3 and registered sale deed dated 19.12.2018 executed by defendant No.3 in favour of defendant No.4 as null and void and not binding on the right of the plaintiff over the suit schedule item Nos.5 and 6 properties. Additional relief for partition and separate possession is sought. 4. It appears that an application bearing I.A. No.IV under Order VI Rule 17 CPC was filed in the aforesaid suit on - 4 - HC-KAR CNR: KAHC010674092025 NC: 2026:KHC:46764 WP No. 31464 of 2025 the basis of a registered Will dated 17.02.2017 executed by Smt. Susheelamma. An additional prayer has been sought to declare the registered Will dated 17.02.2017 executed by Smt. Susheelamma as not binding on the rights of the plaintiff over her legitimate share in the suit schedule properties. By the impugned order, I.A. No.IV has been allowed. 5. The contention of learned counsel for the petitioner is that a new case is sought to be inserted by the petitioner and moreover, the amendment would be barred by limitation and therefore, the amendment application ought to have been rejected by the trial Court. The learned counsel has referred to the exhibit which is filed as Annexure - C which, as per the statement of the learned counsel for the petitioner, is a copy of the RTC that has been exhibited post the examination-in-chief of PW.1. 6. Perusal of the record of this petition reflects that in the plaint the declaration of voidance of the registered gift deed and the registered sale deed executed by the deceased Smt. Susheelamma was sought. The amendment sought in I.A. No.IV also relates to yet another document, that is the - 5 - HC-KAR CNR: KAHC010674092025 NC: 2026:KHC:46764 WP No. 31464 of 2025 registered gift dated 17.02.2017, executed by Smt. Susheelamma in respect of the suit schedule properties. 7. Whether the amended relief would be barred by limitation is either to be expressly reflected from the pleadings or such incontrovertible material that could demonstrate that the additional relief claimed by way of amendment would be barred by limitation. Since that is not demonstrated, in my considered opinion, it would be a matter of evidence that may be led during trial. Moreover the amendment sought to be made would curtail multiplicity of proceedings. 8. In this view of the matter, there is no justification to interfere in the order of the trial Court dated 08.09.2025. This petition is therefore dismissed. 9. A copy of this order shall be communicated to the Court concerned within a fortnight by the Registry. Sd/- (JAYANT BANERJI) JUDGE KG List No.: 1 Sl No.: 8