- 1 - HC-KAR CNR: KAHC010107732023 NC: 2026:KHC:46945 WP No. 4816 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 4816 OF 2023 (GM-CPC) BETWEEN: 1. SMT.CHANDRIKA, W/O LATE K.V.SHIVASHANKAR, AGED ABOUT 50 YEARS, 2. SMT. K.S.DHARASHINI, D/O LATE K.V. SHIVASHANKAR, AGED ABOUT 26 YEARS, 3. SRI. K.S VENKATESH, S/O LATE K.V. SHIVASHANKAR, AGED ABOUT 23 YEARS, ALL ARE R/AT NO.717, BHAJANE MANDIRA ROAD, NEAR GOVERNMENT PRIMARY AND HIGH SCHOOL, KODIGEHALLI, SAHAKARANAGAR POST, BENGALURU - 560 092. …PETITIONERS (BY SRI. VIJAY KUMAR K., ADVOCATE) AND: 1. KUM. RASHMI, D/O SHIVASHANKAR, AGED ABOUT 34 YEARS, Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010107732023 NC: 2026:KHC:46945 WP No. 4816 of 2023 2. KUM. NIREEKKASHAA, D/O SHIVASHANKAR, AGED ABOUT 28 YEARS, 3. SMT. LAKSHMI, W/O SHIVASHANKAR, AGED ABOUT 45 YEARS, RESPONDENTS NO.1 TO 3 ARE R/AT NO.717, BHAJANE MANDIRA RASTE, NEAR GOVT. PRIMARY SCHOOL, KODIGEHALLI, SAHAKARANAGARA POST, BENGALURU – 560 032. 4. SRI. NAGESH, S/O LATE VENKATESHAPPA, AGED ABOUT 42 YEARS, 5. SRI. GIRISH, S/O LATE VENKATESHAPPA, AGED ABOUT 32 YEARS, RESPONDENT NO.4 AND 5 R/AT NO.717, BHAJANE MANDIRA RASTE, NEAR GOVT, PRIMARY SCHOOL, KODIGEHALLI, SAHAKARANAGARA POST, BENGALURU - 560 092. 6. SRI. RANGADHARA MAHUNTHA, R/AT NO.468/143, VIDYARANYAPURA, WARD NO.9, SUB DIVISION, BENGALURU - 560 097. - 3 - HC-KAR CNR: KAHC010107732023 NC: 2026:KHC:46945 WP No. 4816 of 2023 7. M/S. FORTUNA URBANSPACE PRIVATE LIMITED, OFFICE NO.212, 4th FLOOR, BELLARY ROAD, SADASHIVANAGAR, BENGALURU - 560 080. REPRESENTED BY ITS CHAIRMAN AND MD. MR. S.V.NARESH KUMAR AND MR. SHILESH KUMAR. 8. SMT. VENKATA LAKSHMI, W/O NAGESH, AGED ABOUT 42 YEARS, R/AT NO.398/2, GOVERNMENT SCHOOL MAIN RAOD, KODIGEHALLI, SAHAKARANAGAR POST, BENGALURU - 560 092. 9. SMT. K.V. BHAGYAMMA, D/O LATE VENKATESHAPPA, W/O KRISHNAMURTHY, AGED ABOUT 48 YEARS, R/AT NO.E-202, HANUMAIAH LAYOUT, KODIGEHALLI, SAHAKARNAGAR POST, BENGALURU - 560 092. 10. SMT. K.V. SHANTHAMMA, D/O LATE VENKATESHAPPA, W/O RAJ ARENA, AGED ABOUT 50 YEARS, R/AT NO.514, SAPTHAGIRI NILAYA, SHANTHIVANA ROAD, KODIGEHALLI, - 4 - HC-KAR CNR: KAHC010107732023 NC: 2026:KHC:46945 WP No. 4816 of 2023 SAHAKARANAGAR POST, BENGALURU - 560 092. 11. SRI. H.H.RAMESH, S/O H.R.HALAGE GOWDA, AGED ABOUT 42 YEARS, R/AT NO.10, Ist FLOOR, SRINIVASA BYRATHI VILLAGE, KOTHANURU POST, BENGALURU - 560 077. 12. SMT. CHANDRAKALA K.V., D/O LATE VENKATESHAPPA, W/O KRISHNAMURTHY R, AGED ABOUT 51 YEARS, R/AT NO.62, 1st MAIN, ANJANEYA TEMPLE ROAD, NAKKASABDRA, T. DASARAHALLI POST, BENGALURU - 560 057. …RESPONDENTS (BY SRI. LOKESHA M.K., ADVOCATE FOR R1 TO R3; SRI.RAMESH KUMAR V., ADVOCATE FOR SRI.P.M.NARAYANA SWAMY, ADVOCATE FOR R4 AND R5; R9, R10 SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ANNEXURE - K THE IMPUGNED ORDER DATED 16.09.2022, PASSED BY THE LII ADDL. CIVIL JUDGE AND SESSIONS JUDGE AT BANGALORE (CCH-53) ON IA.NO.2/22 AN APPLICATION FILED BY THE PETITIONERS UNDER ORDER 6 RULE 17 READ WITH SECTION 151 OF CPC IN O.S.NO.6941/2010, AND THERE BY ALLOW THE SAME AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010107732023 NC: 2026:KHC:46945 WP No. 4816 of 2023 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 16.09.2022 passed on I.A.No.2/2022 in O.S.No.6941/2010 on the file of the LII Additional City Civil and Sessions Judge, Bengaluru (CCH-53) (hereinafter referred to as the 'trial Court' for short). 2. Heard Sri Vijay Kumar K., learned counsel for the petitioners, Sri Lokesha M.K., learned counsel for respondent Nos.1 to 3, Sri Ramesh Kumar V., learned counsel appearing on behalf of Sri P.M. Narayana Swamy, learned counsel for respondent Nos.4 and 5. 3. Respondent Nos.1 to 3 filed a suit in O.S.No.6941/2010 seeking the relief of partition and separate possession. In the said suit, the petitioners, who are defendant Nos.1(a) to 1(c) on 15.03.2022, filed an application for amendment of the additional written statement by making a counterclaim. It is to be noticed - 6 - HC-KAR CNR: KAHC010107732023 NC: 2026:KHC:46945 WP No. 4816 of 2023 that the trial Court framed the issues on 16.01.2015 and PW-1 filed an affidavit of evidence on 05.04.2021. The counterclaim was filed after framing of the issues and commencement of the trial, which is impermissible as per the law laid down by the Hon'ble Supreme Court in the case of ASHOK KUMAR KALRA Vs WING CDR. SURENDRA AGNIHOTRI AND ANOTHER1. In view of the law laid down in the aforesaid decision, I do not find any good ground to interfere with the impugned order. 4. The writ petition is devoid of merits and the same is rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 0 1 (2020) 2 SCC 394