- 1 - HC-KAR CNR: KAHC010594372022 NC: 2026:KHC:46944 WP No. 26014 of 2022 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. 26014 OF 2022 (GM-CPC) BETWEEN: 1. RASHMI, D/O SHIVASHANKAR, AGED 34 YEARS, 2. NIREEKKSHAA, D/O SHIVASHANKAR, AGED 26 YEARS, 3. SMT. LAKSHMI, W/O SHIVASHANKAR, AGED 48 YEARS, ABOVE ALL THREE (3) ARE RESIDING AT 717, BLIAJANE MANDIRA RASTE, NEAR GOVT. PRIMARY SCHOOL, KODIGEHALLI, SAHAKARNAGAR POST, BANGALORE – 560 032. …PETITIONERS (BY SRI.M.K.LOKESHA, ADVOCATE) AND: SHIVASHANKAR, S/O LATE VENKATESHAPPA, Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010594372022 NC: 2026:KHC:46944 WP No. 26014 of 2022 1. SINCE DECEASED BY LRS SMT. CHANDRIKA, W/O LATE K.V.SHIVASHANKAR, AGED ABOUT 45 YEARS, 2. K.S.DHARSHINI, D/O LATE K.V.SHIVASHANKAR, AGED ABOUT 18 YEARS, 3. K.S.VENKATESH, S/O LATE K.V.SHIVASHANKAR, AGED ABOUT 15 YEARS, 4. SRI. NAGESH, S/O LATE VENKATESHAPPA, AGED ABOUT 42 YEARS, 5. SRI. GIRISH LATE VENKATESHAPPA, AGED ABOUT 32 YEARS, R/AT 717, BHAJANE MANDIRA RASTE, NEAR GOVT. PRIMARY SCHOOL, SAHAKARNAGAR POST, BANGALORE – 92. 6. SRI. RANGADHARA MAHUNTHA, NO.468/143, OF VIDYARANYAPURA, WARD NO.9, VIDYARANYAPURA SUB DIVISION, BANGALORE – 560 097. 7. M/S. FORTUNA URBAN SPACE PRIVATE LIMITED, OFFICE NO.212, 4TH FLOOR, - 3 - HC-KAR CNR: KAHC010594372022 NC: 2026:KHC:46944 WP No. 26014 of 2022 BELLARY ROAD, SADASHIVANAGAR, BENGALURU – 530 080. REPRESENTED BY ITS CHAIRMAN AND MD MR. S.V.NARESH KUMAR AND MR. SHILESH KUMAR. 8. SMT. VENKATA LAKSHMI, W/O SRI. NAGESH, AGED ABOUT 42 YEARS, RESIDING AT NO.398 /2, GOVERNMENT SCHOOL MAIN ROAD, KODIGEHALLI, BANGALORE NORTH, BANGALORE, SAHAKARNAGAR POST, BANGALORE – 560 092. 9. K.V.BHAGYAMMA, D/O LATE VENKATESHAPPA, W/O KRISHNAMURTHY, AGED ABOUT 48 YEARS, R/AT NO.E- 202, HANUMAIAH LAYOUT, KODIGEHALLI, SAHAKARNAGAR POST, BANGALORE – 560 092. 10. K.V.SHANTHAMMA, D/O LATE VENKATESHAPPA, W/O RAJ AREN, AGED ABOUT 50 YEARS, R/AT NO.514, SAPTHAGIRI NILAYA, SAHANTHIVANA ROAD, - 4 - HC-KAR CNR: KAHC010594372022 NC: 2026:KHC:46944 WP No. 26014 of 2022 KODIGEHALLI, SAHAKARNAGAR POST, BANGALORE – 560 092. 11. H.H.RAMESH, AGED ABOUT 42 YEARS, S/O H.R.HALAGE GOWDA, NO.10, 1ST FLOOR, SRINIVASA BYRATHI VILLAGE, KOTHANURU POST, BANGALORE – 560 077. 12. SMT. CHANDRAKALA K.V., D/O LATE VENKATESHAPPA, W/O KRISHNAMURTHY R, AGED ABOUT 51 YEARS, RESIDING AT NO.62, 1ST MAIN, ANJANIAH TEMPLE ROAD, MALLASANDRA, T. DASARAHALLI POST, BANGALORE – 560 057. …RESPONDENTS (BY SRI. VIJAY KUMAR K., ADVOCATE FOR R1 TO R3; SRI.RAMESH KUMAR V., ADVOCATE FOR SRI.P.M.NARAYANA SWAMY, ADVOCATE FOR R4 AND R5; SRI.K.N.CHANDRASHEKHARA REDDY, ADVOCATE FOR R8, R9 AND R10; SRI.D.N.CHANDRASHEKARA, ADVOCATE FOR R12) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AN ORDER DATED 16TH SEPTEMBER 2022 WHERE THE HONBLE TRIAL COURT PASSED AN ORDER BY DISMISSING THE IA.NO.3/22 I.E. ON THE APPLICATION FILED BY THE PLAINTIFFS UNDER ORDER 6 RULE 17 R/W SECTION 151 OF - 5 - HC-KAR CNR: KAHC010594372022 NC: 2026:KHC:46944 WP No. 26014 of 2022 CPC PRAYING FOR AMENDMENT OF THE SUIT PLAINT WHICH IS PRODUCED AS ANNEXURE A WHICH IS IN THE ORIGINAL SUIT NO.6941/2010 PENDING BEFORE HONBLE LII ADDL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-53) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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.3/2022 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 M.K. Lokesha, learned counsel for the petitioners, Sri Vijay Kumar 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, Sri K.N. - 6 - HC-KAR CNR: KAHC010594372022 NC: 2026:KHC:46944 WP No. 26014 of 2022 Chandrashekhara Reddy, learned counsel for respondent Nos.8 to 10 and Sri D. N. Chandrashekara, learned counsel for respondent No.12. 3. The petitioners filed a suit in O.S.No.6941/2010 seeking the relief of partition and separate possession. In the said suit, the plaintiffs filed I.A.No.3/2022 under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') seeking amendment of the plaint which was opposed by defendant Nos.2 and 3 and the legal representatives of defendant No.1. The trial Court, vide order dated 16.09.2022, rejected the said application. 4. A perusal of the application for amendment indicates that the petitioners are narrating certain events with regard to the sale of the property by defendant Nos.1 to 3 and are also seeking a declaration that the Partition Deed dated 15.10.2007 is not binding on them, a declaration that the Joint Development Agreement dated 09.02.2012 stated to have been executed by defendant - 7 - HC-KAR CNR: KAHC010594372022 NC: 2026:KHC:46944 WP No. 26014 of 2022 Nos.1 to 3 in favour of respondent No.5 is not binding on them and also seeking a share in the properties of defendant No.1. The petitioners have also sought for a declaration that the registered Will dated 14.12.2011 executed by defendant No.1 in favour of defendant No.1(a) is created and is null and void and further sought a declaration that the Sale Deed dated 13.07.2010 is null and void. 5. The primary contention of the petitioners/plaintiffs in the suit is that they are the children of deceased defendant No.1 and that the suit schedule properties are joint family properties. On the said premise, they have sought the relief of partition and separate possession. During the pendency of the said suit, defendant No.1 died and his legal representatives were brought on record. One of the legal representatives is the mother of the plaintiffs and the other legal representatives are defendant Nos.1(a) to 1(c). Defendant Nos.1(a) to 1(c) have denied the relationship of the plaintiffs with - 8 - HC-KAR CNR: KAHC010594372022 NC: 2026:KHC:46944 WP No. 26014 of 2022 deceased defendant No.1. It is to be noticed that the deceased-original defendant No.1 had also denied that the plaintiffs are his children and are entitled to any share in the property. 6. Be that as it may, the present application seeking amendment of the plaint was admittedly filed after the commencement of the trial. The suit is for the relief of partition and separate possession. If any transaction has taken place during the pendency of the said suit, the doctrine of lis pendens would apply. By virtue of the amendment, the petitioners intend to change the scope of the suit by seeking the relief of partition and declaration. The registered Partition Deed dated 15.10.2007 is prior to the institution of the suit for partition. Hence, the petitioners cannot plead ignorance of the said registered Partition Deed, as the same is a registered instrument. 7. The trial Court, considering the law on the point and also the fact that the relief of declaration was sought after commencement of the trial and that there is a delay - 9 - HC-KAR CNR: KAHC010594372022 NC: 2026:KHC:46944 WP No. 26014 of 2022 of 11 years in filing the application, rejected the application for amendment of the plaint. I do not find any good ground to interfere with the impugned order. 8. The writ petition is devoid of merits and the same is rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 11