- 1 - HC-KAR NC: 2026:KHC:3263 WP No. 20359 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20359 OF 2025 (GM-CPC) BETWEEN: 1. MRS. BYRAMMA (2ND WIFE) W/O LATE GANGAMASTHAIAH AGED ABOUT 65 YEARS R/AT HUNNIGERE VILLAGE DASANPURA HOBLI SONDEKOPPA POST BENGALURU NORTH TALUK BENGALURU RURAL DISTRICT-562 123 (SENIOR CITIZENSHIP NOT CLAIMED) 2. MRS. RUDRAMMA @ SUJATHA D/O LATE MR GANGAMASTHAIAH AND MRS. BYRAMMA, W/O GOPAIAH AGED ABOUT 45 YEARS R/AT NO.69, NEAR GOVT. JUNIOR COLLEGE JAKKASANDRA, RAJAPPA LAYOUT NELAMANGALA TOWN BENGALURU RURAL DISTRICT-562123 …PETITIONERS (BY SRI. ARNAV A BAGALWADI., ADVOCATE) AND: 1. MRS. GANGAMMA D/O LATE MR THIMMAIAH W/O LATE MR KEMPAIAH AGED ABOUT 73 YEARS R/AT GOVENAHALLI VILLAGE THYAMAGONDLU HOBLI Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3263 WP No. 20359 of 2025 KULUVENAHALLI POST NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562123 2. MRS RUDRAMMA AGED ABOUT MAJOR D/O LATE THIMMAIAH W/O LATE MR MUDDAIAH R/AT HOSAPALYA VILLAGE KASABA HOBLI MODALAKOTE POST NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 123 3. MRS. BHAGYAMMA D/O LATE MR GANGAMASTHAIAH AND LATE MRS GANGAHANUMAKKA (IST WIFE) W/O LATE MRS HANUMANTHARAYAPPA AGED ABOUT 53 YEARS R/AT HOSAPALYA VILLAGE MODALAKOTE POST NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562123 …RESPONDENTS (BY SRI. HEMANTH KUMAR J., ADVOCATE FOR R1 AND R2; VIDE ORDER DATED 30.07.2025, NOTICE TO R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSITUTION OF INDIA PRAYING TO I. SET ASIDE THE ORDER DATED 19-04-2025 IN O.S.NO.25/2018 ON I.A NO. 4/2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, A COPY OF WHICH IS HEREIN PRODUCED AS ANNEXURE F AS ILLEGAL AND VOID. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:3263 WP No. 20359 of 2025 ORAL ORDER 1. This petition by the defendants in O.S.No.25/2018 on the file of the Senior Civil Judge, Nelmangala is directed against the impugned order dated 19.04.2025 passed on I.A.No.4 whereby the said application filed by the petitioners / defendants under Order VI Rule 17 of CPC seeking amendment of the written statement by adding / inserting certain averments in Paragraphs 15 and 16 of the written statement was dismissed by the Trial Court. 2. A perusal of the material on record will indicate that the respondents / plaintiffs instituted the aforesaid suit against the petitioners / defendants for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. 3. In the said suit which is being contested by the petitioners, after commencement of trial, the petitioners filed the instant application seeking amendment by - 4 - HC-KAR NC: 2026:KHC:3263 WP No. 20359 of 2025 incorporating additional pleadings in Paragraphs 15 and 16 of the written statement as hereunder; "That for the reasons sworn to in the accompanying affidavit the defendants most respectfully pray that this Hon'ble court be pleased to permit the defendants to amendment as sought below. To Add in Pyara No.15 of the written statement, the suit schedule properties and other family properties have been divided between Gangamasthaiah and his uncle's son Thimmagangaiah through unregistered panchayath palu patti dated 20.02.1957 and on the basis of unregistered panchayath palu patti all the revenue documents are transferred into the name of the Gangamasthaiah as per share allotted to them. During the life time of the Gangamasthaiah was cultivate and enjoy the above said property as an absolute owner. Absolutely the plaintiff has no share in respect of the suit schedule property. To add in Pyara No.16 of the written statement the suit is bad for non-joinder of necessary parties and the suit is bad for Mis-joinder of necessary properties, hence the suit is partial partition. Hence the suit of the plaintiffs is not maintainable." - 5 - HC-KAR NC: 2026:KHC:3263 WP No. 20359 of 2025 4. The said application having been opposed by the respondents / plaintiffs, the Trial Court proceeded to pass the impugned order rejecting the applications, aggrieved by which, the petitioners are before this Court by way of the present petition. 5. A perusal of the impugned order will indicate that the Trial Court has proceeded to reject the application only on the ground that the petitioners has not exercised due diligence in not putting forth the proposed amendment prior to commencement of trial, in the light of the proviso contained in Order VI Rule 17 of CPC. 6. The Trial Court also noticed the fact that the petitioners have already stated in the evidence as regarding the proposed amendment and as such, it was not necessary to permit the proposed amendment. 7. In my considered opinion, the impugned order passed by the Trial Court and the reasoning and findings recorded by it are contrary to the well settled principles of - 6 - HC-KAR NC: 2026:KHC:3263 WP No. 20359 of 2025 law governing amendment of pleadings, in particular, the principles laid down by the Apex Court and this Court in the case of LIC Vs. Sanjeev Builders (P) Ltd., reported in (2022) 16 SCC 1 and Dinesh Goyal @ Pappu Vs. Suman Agarwal (bindal) and ORs. reported in 2024 INS 726 as well as, the recent judgment of this Court in the case of Mohammed Rafi Vs. Bande Nawaz in W.P.No.108512/2025 dated 16.12.2025. 8. Under these circumstances, having regard to the fact that the proposed amendment was necessary and essential for the purpose of adjudication of the issues in controversy between the parties, coupled with the fact that no prejudice would be caused to the respondents / plaintiffs would be entitled to file the rejoinder to the amended written statement as well as seek amendment of the plaint, if so required, I am of the considered opinion that the impugned order passed by the Trial Court has occasioned failure of justice warranting interference by this Court in the present petition. - 7 - HC-KAR NC: 2026:KHC:3263 WP No. 20359 of 2025 9. In the result, the following; ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 19.04.2025 passed in O.S.No.25/2018 by the Senior Civil Judge, Nelmangala is hereby set aside. I.A.No.4 filed by the petitioners stands allowed. (iii) The petitioners are directed to carry out amendment and file the amended written statement before the Trial Court on the next date of hearing. (iv) Liberty is reserved in favour of the respondents / plaintiffs to file reply / rejoinder to the amended written statement. (v) Liberty is also reserved in favour of the respondents to file an application for amendment - 8 - HC-KAR NC: 2026:KHC:3263 WP No. 20359 of 2025 of the plaint as well as the application for impleadment in the suit before the Trial Court. (vi) In the event, respondents / plaintiffs file such application(s), the Trial Court shall consider the same and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE GH List No.: 1 Sl No.: 9