- 1 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 13771 OF 2022 (GM-CPC) BETWEEN: SRI S RAMESH S/O LATE SHAMANNA REDDY, AGED ABOUT 52 YEARS, R/AT NO.6/4, NEXT TO HYPER CITY, KUNDALAHALLI GATE, BANGALORE-560037 …PETITIONER (BY SMT. ANUSHA ASUNDI, ADVOCATE FOR SRI. A MADHUSUDHANA RAO.,ADVOCATE) AND: 1. SRI RAJAPPA S/O LATE CHIKKA MUNIREDDY, AGED ABOUT 48 YEARS, R/AT NEKKUNDI DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT- 2. SMT JAYAMMA S/O LATE CHIKKA MUNIREDDY, AGED ABOUT 73 YEARS, R/AT NEKKUNDI DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 2 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 3. SMT GIRIJA W/O EARAPPA @ PUTTA, D/O LATE CHIKKA MUNIREDDY, AGED ABOUT 53 YEARS, R/AT HOUSE NO. 6TH CROSS, 8TH MAIN, BEHIND BEEREWARA STORE, VENKATESH GARDEN, VENKATAPURA, BENGALURU-34 4. SMT NIRMALA SINCE DEAD BY HER LRS SRI BOJARAJU, D/O LATE NIRMALA, AGED ABOUT 50 YEARS, R/AT NO.24/12, 4TH CROSS, MANJUNATH NAGAR, MYSURU ROAD, BENGALURU. 5. SRI VIDYA D/O BOJARAJU, AGED ABOUT 30 YEARS, R/AT NO.24/12, 4TH CROSS, MANJUNATH NAGAR, MYSURU ROAD, BENGALURU. 6. SRI HEMANTH S/O BOJARAJU, AGED ABOUT 28 YEARS, R/AT NO.24/12, 4TH CROSS, MANJUNATH NAGAR, MYSURU ROAD, BENGALURU. 7. SRI VENKATESH S/O CHIKKA MUNIREDDY, AGED ABOUT 48 YEARS, R/AT NEKKUNDI DOMMASANDRA VILLAGE, - 3 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT. 8. SRI A JAAN BHOSKO S/O S C AMBROZ, MAJOR, R/AT DOOR NO.449, 8TH CROSS, 5TH MAIN ROAD, VIVEK NAGAR, BENGALURU-47 9. SRI DEEPAK L BHATAVI S/O LATE LAKSHMI KANTHA BHATAVI, AGED ABOUT 60 YEARS, HOUSE NO.40, 10TH CROSS, WILSON GARDEN, BENGALURU-560037 10. SMT SAVITHRAMMA SINCE DEAD BY HER LRS SRI SURESH, S/O LATE NARAYANAPPA, AGED ABOUT 35 YEARS, R/AT RAMAGONDANAHALLI VILLAGE, WHITE FIELD POST, VARTHURU HOBLI, BENGALURU EAST TALUK, BENGALURU-560066 11. SRI NARAYANAREDDY SINCE DEAD BY HIS LRS SMT RATHNAMMA, W/O LATE NARAYANA REDDY, AGED ABOUT 63 YEARS, R/AT NEKKUNGI DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT. - 4 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 12. SRI G RAMU SINCE DEAD BY HIS LRS SMT KAVITHAMMA, W/O LATE G RAMU, AGED ABOUT 60 YEARS, R/AT NO.128, NEW NO.129/2, HALASAHALLI CROSS, VARTHURU 2ND STAGE, BENGALURU-560087 13. SMT RAJESHWARI W/O LATE G RAMU, AGED ABOUT 65 YEARS, R/AT NO.600, 15TH A CROSS, OPP TO PES WOMEN HOSTEL, SBM COLONY, SRINIVASANAGARA, BANASHANKARI, BENGALURU-560050 14. SMT ARUN KUMARI D/O LATE G RAMU, AGED ABOUT 40 YEARS, R/AT HALASAHALLI CROSS, VARTHURU POLICE STATION ROAD, BENGALURU-560087 15. SRI VIJAYA KUMAR S/O LATE G RAMU, AGED ABOUT 35 YEARS, R/AT HALASAHALLI CROSS, VARTHURU POLICE STATION ROAD, BENGALURU-560087 16. SRI K RAVIKUMAR S/O LATE KRISHNAPPA, AGED ABOUT 50 YEARS, R/AT HALASAHALLI CROSS, VARTHURU POLICE STATION ROAD, BENGALURU-560087 - 5 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 17. SRI CHANDRASHEKAR S/O MR GURUMURTHY REDDY, AGED ABOUT 55 YEARS, R/AT NO.FLAT NO.B-05, BHARATH RESIDENCY, ANANDANAGAR, MARATHAHALLI BENGALURU-37 18. SRI SRINIVASA REDDY S/O MR GURUMURTHY REDDY, AGED ABOUT 53 YEARS, R/AT NO.FLAT NO.B-05, BHARATH RESIDENCY, ANANDANAGAR, MARATHAHALLI BENGALURU-37 19. SRI SANJEEVAPPA S/O LATE BANGARAPPA, AGED ABOUT 87 YEARS, R/AT RAMAGONDANAHALLI VILLAGE, NEAR GANESH TEMPLE, VARTHURU HOBLI, BENGALURU EAST TALUK, BENGALURU-560066 20. SMT SUMANGALA D/O SANJEEVAPPA, AGED ABOUT 47 YEARS, R/AT RAMAGONDANAHALLI VILLAGE, NEAR GANESH TEMPLE, VARTHURU HOBLI, BENGALURU EAST TALUK, BENGALURU-560066 21. SRI MOHAN RAJ S/O B SANJEEVAPPA, AGED ABOUT 43 YEARS, R/AT RAMAGONDANAHALLI VILLAGE, NEAR GANESH TEMPLE, VARTHURU HOBLI, BENGALURU EAST TALUK, - 6 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 BENGALURU-560066 22. MASTER SAMJEEVARAJU S/O MOHAN RAJ, AGED ABOUT 14 YEARS, MINOR REP BY GUARDIAN, SRI MOHAN RAJ, R/AT RAMAGONDANAHALLI VILLAGE, NEAR GANESH TEMPLE, VARTHURU HOBLI, BENGALURU EAST TALUK, BENGALURU-560066 23. KUM SANJANA D/O MOHAN RAJ, AGED ABOUT 12 YEARS, MINOR REP BY GUARDIAN, SRI MOHAN RAJ, R/AT RAMAGONDANAHALLI VILLAGE, NEAR GANESH TEMPLE, VARTHURU HOBLI, BENGALURU EAST TALUK, BENGALURU-560066 24. SMT KAMALA D/O B SANJEEVAPPA, AGED ABOUT 41 YEARS, R/AT RAMAGONDANAHALLI VILLAGE, NEAR GANESH TEMPLE, VARTHURU HOBLI, BENGALURU EAST TALUK, BENGALURU-560066 25. SRI RAMANNA D/O B SANJEEVAPPA, AGED ABOUT 36 YEARS, R/AT RAMAGONDANAHALLI VILLAGE, NEAR GANESH TEMPLE, VARTHURU HOBLI, BENGALURU EAST TALUK, - 7 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 BENGALURU-560066 26. SMT LAKSHMI D/O B SANJEEVAPPA, AGED ABOUT 36 YEARS, R/AT RAMAGONDANAHALLI VILLAGE, NEAR GANESH TEMPLE, VARTHURU HOBLI, BENGALURU EAST TALUK, BENGALURU-560066 …RESPONDENTS (BY SRI. PRAKASH M.,ADVOCATE FOR R1; V/O DATED 12.07.2022, NOTICE TO R2 TO R6 ARE DISPENSED WITH) ---------- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO-QUASH THE IMPUGNED ORDER DTD 27.06.2022 PASSED BY THE LEARNED I ADDL. CIVIL JUDGE AND JMFC, ANEKAL IN O.S.NO.341/2004 PRODUCED AT ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU - 8 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 ORAL ORDER 1. The present petition has been filed under Article 226 and 227 of the Constitution of India, 1950 seeking to challenge an order dated 27.06.2022 in O.S.No.341/2004, captioned as Annexure-E, passed by the I Additional Civil Judge and JMFC, Anekal (hereinafter referred to as "Impugned Order"). By the impugned order, an application filed by the plaintiff seeking amendment of the plaint under Order VI Rule 17 read with Section 151 of the Civil Procedure Code, 1908 ("the CPC") has been allowed subject to costs in the sum of ₹1,000. 2. The record reflects that service to respondents No.2 to 26 was dispensed with by order dated 12.07.2022. The petition remained pending only qua respondent No.1. Although vakalathnama has been filed, none appears for respondent No.1. 3. This court by its order dated 12.07.2022 while issuing emergent notice to respondent No.1, had directed that, further proceedings in the suit pending before the learned Trial Court shall remain stayed. Given the pendency of this matter and the - 9 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 stay of proceedings before the learned Trial Court, this Court deems it apposite to hear and decide the matter today. 4. The learned counsel for the petitioner submits that, in addition to other objections taken by the petitioner who is defendant No.24 before the learned trial Court to the application under Order VI Rule 17 the CPC, the principal contention was that since the IA was not numbered, the learned Trial Court has examined the pleadings and prayers of the previous IA while allowing this application which was dated 08.03.2021. She submits that a bare perusal of the application as well as the Impugned Order would show that, in the application different reliefs were sought, however, the Impugned Order gives a finding qua other reliefs. In this regard, learned counsel seeks to rely upon the application filed by the plaintiff/respondent No.1, under Order VI Rule 17 CPC dated 08.03.2021. It is apposite to set out the relevant portion of the application which is dated 08.03.2021 below : "2. In the schedule column in respect of item No.3 property to delete 'measuring an extent of 2 acre 28 guntas' and insert in the same place as "1 acre 8 guntas". - 10 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 3. In the schedule column in respect of item No.6 property to delete measuring an extent of 0-12 guntas and insert in the same place as "0-38 guntas". 4. To insert item No.8 property All the piece and parcel of Vacant property bearing No.Kaneshumari No.112/3 serial No.115 measuring an extent of East to West 43 feet and North to South 18 feet situated at Nekundi Dommasandra Village, Sarjapura Hobli, Anekal Taluk, bounded by East by:- Aswathakatte West by:- Thippakara Muniswamy North By:- property of Venkata reddy, South :- Road. 5. To delete Item No.1 property, Item No.2 property, Item No.4,5 property and Item No.7 property. 6. To insert as Prayer No.D(d). By an order of declaration, Declaring that the sale deed dated 27-03-1978 document No.2437,pages No.173-176 volume No.1277 got obtained by father of Defendant No.8 in respect of Item No.6 property is perpetuated by fraud and misrepresentation and is not binding on the plaintiff's undivided share;" 5. A perusal of the above extract shows that the amendment sought is for deleting and thereafter inserting the measurement qua Item No.3 property from '2 acres 28 guntas' to '1 acre 8 guntas'; qua Item No.6 property, to delete measurement '0.12' guntas and insert the measurement as "0.38" guntas; to insert Item No.8 property; delete Item Nos.1, 2, 4, 5 and 7 properties and for a prayer of declaration. The Impugned Order however, refers to an application for amendment with insertion of reliefs of declaration and sale deeds being null and void and not - 11 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 binding on them. It is apposite to set out the relevant portion of the Impugned Order below. "The plaintiff has filed the present application for the relief of amendment of the plaint. On perusal of the proposed amendment sort by the plaintiff it is made out that the plaintiff wants to insert the relief of declaration to declare that the sale deed dated 30/06/2017, 28/05/1987 and 31/3/2018 has null and void and not binding on him. The sale deed of 2017 and 2018 comes under the principle lis-pendence but the sale deed of the year 1987 is earlier to the institution of this suit. Further no where in the proposed amendment the plaintiff has pleaded that how and when the cause of action is arose in respect of the sale deed dated 28/5/1987. Further the defendant No.24 in his objection has contended that the application filed is delay in nature. It is correct that the plaintiff is seeking for the declaration of sale deeds of the year 2017, 2018 and 1987 as null and void and not binding on him." (Emphasis supplied) 6. An examination of the application filed under Order 6 Rule 17 CPC dated 08.03.2021 would show that, the learned Trial Court does not appear to have adjudicated the present application properly at all. The Impugned Order relates to the Application under Order 6 Rule 17 dated 08.03.2021. 7. The Impugned Order cannot be sustained and is thus set aside. The writ petition is allowed. - 12 - HC-KAR NC: 2026:KHC:2926 WP No. 13771 of 2022 8. The learned Trial Court is directed to freshly adjudicate the application dated 08.03.2021 filed by the plaintiff, in accordance with law. 9. The rights and contentions of both parties are left open to be agitated before the learned Trial Court. 10. Given the pendency of the matter for the last almost more than 20 years, the learned Trial Court is requested to expedite the adjudication of the application as well as the hearing of the suit. 11. The writ petition is disposed of in the aforementioned terms. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE rs/List No.: 1 Sl No.: 22 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA