- 1 - HC-KAR NC: 2026:KHC:23461 WP No. 34538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.34538 OF 2025 (GM-CPC) BETWEEN: 1. SURESH M., S/O LATE MAHADEVAPPA AGED ABOUT 53 YEARS AGRICULTURALIST R/AT MARADI VILLAGE TANIGERE POST CHANNAGIRI TALUK DAVANAGERE -577001 …PETITIONER (BY SRI. MAHESH C.M., ADVOCATE) AND: 1. SMT. NIRMALA D/O. LATE MAHADEVAPPA W/O. SRI. RAMANNA. H., AGED ABOUT 48 YEARS R/O NO.37 8TH MAIN ROAD 4TH CROSS NETHRAVATHI BADAVANE MALLESH PALYA BANGALORE-560075. 2. SMT. LAVANYA W/O. SRI.HARIKUMAR AGED ABOUT 25 YEARS R/AT NO.98, GROUND FLOOR OLD MANJUNATHA LAYOUT Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23461 WP No. 34538 of 2025 3RD MAIN ROAD RAMAMURTHY NAGAR BANGALORE-560016. 3. SMT. S. DEEPIKA W/O. SRI. DHARMENDRA AGED ABOUT 23 YEARS R/AT. NO.15/1/72 OBALACHARI ROAD RAYADURGA TOWN ANANATHPUR DISTRICT STATE OF ANDHRA PRADESH-583152. 4. SRI. M.S YASHAVANTHA S/O. SRI. SURESH. M., AGED ABOUT 20 YEARS R/AT. MARADI VILLAGE TANIGERE POST CHANNAGIRI TALUK DAVANAGERE -577001. 5. SRI. RAMESH.M S/O LATE SRI. MAHADEVAPPA AGED ABOUT 48 YEARS AGRICULTURALIST 6. SMT. G.SHARADA W/O. SRI. RAMESH.M. AGED ABOUT 38 YEARS 7. SRI. M.R.BHARATH S/O. SRI. RAMESH.M AGED ABOUT 20 YEARS 8. KUM. M.R.CHINMAYEE D/O SRI. RAMESH M AGED ABOUT 15 YEARS REPRESENTED BY NATURAL GUARDIAN I.E FATHER SRI. RAMESH M - 3 - HC-KAR NC: 2026:KHC:23461 WP No. 34538 of 2025 THE RESPONDENTS NO.4 TO 8 ARE R/AT MARADI VILLAGE TANIGERE POST CHANNAGIRI TALUK DAVANAGERE -577001. 9. SMT. RENUKAMMA D/O LATE. MAHADEVAPPA W/O GOWDA MANJUNATHA SWAMY @ MANJAPPA AGED ABOUT 44 YEARS R/AT GARADIMANE ROAD BURUJANA HATTI CHITRADURGA TOWN-577502. 10. SMT. PUTTAMMA W/O. SRI. RANGAPPA AGED ABOUT 48 YEARS R/AT MARADI VILLAGE TANIGERE POST CHANNAGIRI TALUK DAVANAGERE -577001. 11. SMT. RENUKAMMA W/O. SRI. KENCHAPPA AGED ABOUT 53 YEARS R/AT MARADI VILLAGE TANIGERE POST, CHANNAGIRI TALUK. DAVANAGERE -577001. 12. SRI. THIPPESHAPPA S/O SRI.SIDDAPPA AGED ABOUT 58 YEARS R/AT MARADI VILLAGE TANIGERE POST CHANNAGIRI TALUK DAVANAGERE -577001. 13. REKHA M.T. W/O SRI. GNANESHWARA AGED ABOUT 29 YEARS - 4 - HC-KAR NC: 2026:KHC:23461 WP No. 34538 of 2025 R/AT DOOR NO.1382/7 SARASWATHI NAGAR ‘B’ BLOCK NEAR KSS COLLEGE DAVANAGERE-577002. 14. RANGASWAMY S/O KARIYAPPA AGED MAJOR R/AT MARADI VILLAGE TANIGERE POST CHANNAGIRI TALUK DAVANAGERE - 577001. …RESPONDENTS (BY SRI. ABHISHEK M., ADVOCATE FOR R1; VIDE ORDER DATED 01.12.2025, NOTICE TO R2 TO R8, R10 TO R14 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.10.2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC CHANNAGIRI IN OS NO.59/2021 COPY OF THE WHICH IS PRODUCED AS ANNX-A AND CONSEQUENTLY ALLOW IA NO.19 AT ANNX-D AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant No.1 has called in question the order dated 30.10.2025 passed by the Senior Civil Judge and JMFC, Channagiri (for short ‘Trial Court’) on I.A.No.No.19 filed under Order VI Rule 17 - 5 - HC-KAR NC: 2026:KHC:23461 WP No. 34538 of 2025 of CPC, in O.S.No.59/2021, whereby the said application seeking amendment to written statement has been rejected. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiff filed a suit in O.S.No.59/2021 before the Trial Court seeking for relief of partition and separate possession. After issuance of suit summons, the defendants appeared and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues and the matter is set down for recording the evidence of the parties. The defendants have filed I.A.No.19 under Order VI Rule 17 of CPC seeking amendment to written statement. The Trial Court, by impugned order dated 30.10.2025 has rejected the - 6 - HC-KAR NC: 2026:KHC:23461 WP No. 34538 of 2025 application. Being aggrieved by the said order, the present writ petition is filed. 4. Learned counsel appearing for the respondent No.1- plaintiff submits that he has no objection for allowing the writ petition and permitting the defendants to amend the written statement. 5. Therefore, in view of the above, the following order is passed: ORDER a) The writ petition is allowed. b) The impugned order dated 30.10.2025 passed by the Senior Civil Judge and JMFC, Channagiri, on I.A.No.No.19 filed under Order VI Rule 17 of CPC, in O.S.No.59/2021, is hereby set aside. c) I.A.No.19 filed by the defendants is allowed. d) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as - 7 - HC-KAR NC: 2026:KHC:23461 WP No. 34538 of 2025 possible, not later than six months from the date of receipt of a certified copy of this order. a) Parties are directed to co-operate for early disposal of the suit. All pending I.As., if any, in this writ petition are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 94