- 1 - HC-KAR NC: 2026:KHC:7591 WP No. 2973 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.2973 OF 2024 (GM-CPC) BETWEEN: SMT. ANNAPURNAMMA W/O N D ESHWARAPPA AGED ABOUT 79 YEARS, R/O NANDANAHOSURU VILLAGE TALYA HOBLI, HOLALKERE TALUK CHITRADURGA DISTRICT – 577 526 …PETITIONER (BY SRI. SIDDAPPA B M., ADVOCATE) AND: 1. SMT. G. T. TANUJAKSHI D/O LATE G. N. GURUBASAPPA, W/O RAVIKUMAR AGED ABOUT 63 YEARS, R/O ADIVALA VILLAGE & POST, HIRIYUR TALUK CHITRADURGA DISTRICT – 577 598 2. SMT. G. GAUYATHRI D/O LATE G. N. GURUBASAPPA AGED ABOUT 61 YEARS PHYSICAL EDUCATION TEACHER GOVERNMENT HIGH SCHOOL HEBBUR, TUMAKURU TALUK TUMAKURU DISTRICT - 572 101 3. SMT. G. ANNAPURNA D/O LATE G. N. GURUBASAPPA W/O M. SHIVAKUMAR AGED ABOUT 59 YEARS R/O SHIVAKUMARASWAMY Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7591 WP No. 2973 of 2024 FERTILISERS JYOTHINAGARA AMARAPURA ROAD SHIRA, TUMAKURU DISTRICT - 572 137 4. SMT. G. KANAKA D/O LATE G N GURUBASAPPA W/O Y J ASHOK KUMAR AGED ABOUT 57 YEARS PHYSICAL EDUCATION TEACHER, R/O ANANYA HANSIKA NILAYA 5TH CROSS,TEACHERS COLONY NEAR AMRUTH AYURVEDIK MEDICAL COLLEGE CHITRADURGA - 577 501 5. SRI. G. YERAGUNTAPPA S/O LATE G. N. GURUBASAPPA AGED ABOUT 55 YEARS R/O ADIVALA VILLAGE & POST HIRIYUR TALUK CHITRADURGA DISTRICT - 577 598 6. SMT. RATNAMMA W/O SIDDAPPA AGED ABOUT 75 YEARS R/O LINGADAHALLI VILLAGE TALYA HOBLI, HOLALKERE TALUK CHITRADURGA DISTRICT - 577 526 7. SMT. JAYAMMA W/O BASAVARAJAPPA AGED ABOUT 73 YEARS R/O KUDLIGERE VILLAGE BHADRAVATI TALUK SHIVAMOGGA DISTRICT - 577 301 8. SRI. N. P. LINGARAJU S/O LATE PALANETRAPPA AGED ABOUT 49 YEARS AGRICULTURIST R/O TOPENAHALLI VILLAGE SANTEBENNUR HOBLI CHANNAGIRI TALUK DAVANGERE DISTRICT - 577 213 - 3 - HC-KAR NC: 2026:KHC:7591 WP No. 2973 of 2024 9. SRI. N. P. GURUPRASAD @ GURUSWAMY S/O LATE PALANETRAPPA AGED ABOUT 47 YEARS R/O TOPENAHALLI VILLAGE SANTEBENNUR HOBLI CHANNAGIRI TALUK DAVANGERE DISTRICT - 577 213 10. SMT. MUMTAZ W/O J P MOULISAB AGED ABOUT 43 YEARS R/O GOLLARAHALLI VILLAGE TALYA HOBLI HOLALKERE TALUK CHITRADURGA DISTRCT - 577 526 11. SMT. MARIYABEE W/O BASHIRSAB AGED ABOUT 57 YEARS R/O GOLLARAHALLI VILLAGE TALYA HOBLI HOLALKERE TALUK CHITRADURGA DISTRICT - 577 526 12. SMT. JAHEDABANU W/O R RASHID AGED ABOUT 47 YEARS R/O GOLLARAHALLI VILLAGE TALYA HOBLI HOLALKERE TALUK CHITRADURGA DISTRICT - 577 526 13. SMT. N P YOGESHWARI W/O S DEVARAJ AGED ABOUT 61 YEARS R/O NANDANAHOSURU VILLAGE TALYA HOBLI HOLALKERE TALUK CHITRADURGA DISTRICT - 577 526 …RESPONDENTS - 4 - HC-KAR NC: 2026:KHC:7591 WP No. 2973 of 2024 (BY SRI. A. VIJAY KUMAR BHAT., ADVOCATE FOR R8, R9 & R10 TO R13) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT IN THE NATURE OF WRIT QUASHING THE ORDER PASSED BY THE LEARNED PRL. CIVIL JUDGE, HOLALKERE IN O.S.NO.99/2015 ON IA NO.19 DATED 19.01.2024 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-F TO THE WRIT PETITION; ii) COST AND SUCH OTHER RELIEFS DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.99/2015 is directed against the impugned order dated 19.01.2024, whereby the application filed by the petitioner-plaintiff under Order VI Rule 17 CPC was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.8, 9 and 10 to 13 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit against the respondents-defendants for partition and separate possession of - 5 - HC-KAR NC: 2026:KHC:7591 WP No. 2973 of 2024 their alleged share in the suit schedule immovable properties and for other reliefs. The said suit is being contested by the respondents-defendants. After commencement of trial and at the stage of cross examination of DW1, the petitioner-plaintiff filed the instant application seeking amendment of the plaint, which was opposed by the respondents and culminated in the impugned order by which the trial Court rejected the application, aggrieved by the impugned order, the petitioner is before this Court by way of the present petition. 4. A perusal of the impugned order will indicate that the same is contrary to the principles governing amendment of pleadings as held by the Hon’ble Apex Court in the case of LIC v. Sanjeev Builders (P) Ltd. - (2022) 16 SCC 1 and a co-ordinate Bench of this Court at Dharwad Bench in the case of Shri Mohammadrafi and Anr., Vs. Bandenawaz and Ors – W.P.108512/2025 dated 16.12.2025. 5. In view of the judgment of the Hon’ble Apex Court in the case of Sampath Kumar Vs. Ayyakannu and Ors. – AIR 2002 SC 3369 and LC Hanumanthappa v. HB Shivakumar - AIR 2015 SC 3364, the proper course of action would be to allow the - 6 - HC-KAR NC: 2026:KHC:7591 WP No. 2973 of 2024 amendment by directing that the proposed amendment shall not relate back to the date of the suit but shall be reckoned/considered from the date of the application having been filed 25.09.2023 by leaving open the question of limitation to be decided by the trial Court along with other issues in the suit. 6. Under these circumstances, I deem it just and appropriate to set aside the impugned order and dispose of I.A.No.19 filed by the petitioner-plaintiff and allow and dispose of the I.A.No.19 by issuing certain directions. 7. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 19.01.2024 in O.S.No.99/2015 on the file of the Principal Civil Judge, Holalkere, is hereby set aside. iii) I.A.No.19 filed by the petitioner-plaintiff is hereby allowed subject to the condition that the entire proposed amendment shall not relate back to the date of the suit, but shall be - 7 - HC-KAR NC: 2026:KHC:7591 WP No. 2973 of 2024 reckoned/considered from the date of the amendment application being filed on 25.09.2023 and by leaving open the question/contention of limitation to be decided with other issues in the suit. iv) Liberty is reserved in favour of the respondents to file additional written statement to the amended plaint and take up all contentions. v) The Trial Court is directed to dispose of the suit as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 0