- 1 - HC-KAR NC: 2026:KHC:9927 WP No. 7999 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7999 OF 2024 (GM-CPC) BETWEEN: SRI. H.P. JAYAPRAKASH, S/O A. PAPANNA, AGED ABOUT 47 YEARS, RESIDENT OF HINKAL VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-571 017. REPRESENTED BY HIS SPECIAL POWER OF ATTORNEY HOLDER, SRI. ANU M., S/O MALLESH, AGED ABOUT 31 YEARS, RESIDENT OF DOOR NO.418, HUNDIBEEDI, HINKAL VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-571 017. …PETITIONER (BY SRI. ANANDA K., ADVOCATE) AND: 1. SMT. SAROJAMMA, W/O MADAIAH, AGED ABOUT 69 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 2. SMT. SHANTHA W/O MAHADEVU, D/O MADAIAH, AGED ABOUT 50 YEARS, RESIDENT OF BILIKERE VILLAGE, BILIKERE HOBLI, HUNASURU TALUK, MYSURU DISTRICT-571 101. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9927 WP No. 7999 of 2024 3. SMT. SUREKHA D/O MADAIAH, AGED ABOUT 48 YEARS, RESIDENT OF K.R. NAGARA, MYSURU DISTRICT-571 602. 4. SMT. VENKATAMMA W/O LATE MOTARAIHNAMADAIAH, AGED ABOUT 70 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 5. SRI. MAHADEVU S/O LATE MOTARAIHNAMADAIAH, AGED ABOUT 52 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 6. SRI. RAJU S/O LATE MOTARAIHNAMADAIAH, AGED ABOUT 52 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 7. SMT. SUNANDA W/O SHANTHA, D/O LATE MOTARAIHNAMADAIAH, AGED ABOUT 49 YEARS, R/A KARIMUDDANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-571 189. 8. SRI. SIDDARAJU S/O LATE MOTARAIHNAMADAIAH, AGED ABOUT 40 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 9. SMT. MAHADEVI W/O MAHADEVASETTY, - 3 - HC-KAR NC: 2026:KHC:9927 WP No. 7999 of 2024 D/O LATE MOTARAIHNAMADAIAH, AGED ABOUT 36 YEARS, RESIDENT OF HOSAKOTE, NANJANAGUDU TALUK, MYSURU DISTRICT-571 129. 10. SMT. NANJAMMA W/O LATE PUTTAMADAIAH, AGED ABOUT 80 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 11. SMT. JAYAMMA W/O LATE MAHADEVU, AGED ABOUT 64 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 12. SRI. KUMARA S/O LATE MAHADEVU, AGED ABOUT 46 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 13. SMT. NAGAMMA D/O LATE MAHADEVU, AGED ABOUT 44 YEARS, RESIDENT OF CHIKKEGOWDANAHUNDI, MYSURU TALUK, MYSURU DISTRICT-571 312. 14. SMT. RUKKAMMA D/O LATE MAHADEVU, AGED ABOUT 42 YEARS, RESIDENT OF NANJANAGUDU, MYSURU DISTRICT-571 301. 15. SMT. LAKSHMI D/O LATE MAHADEVU, AGED ABOUT 40 YEARS, RESIDENT OF NADANAHALLI VILLAGE, - 4 - HC-KAR NC: 2026:KHC:9927 WP No. 7999 of 2024 KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 16. SMT. PARVATHI W/O VENKATESH, D/O LATE PUTTAMADAIAH, AGED ABOUT 54 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 17. SMT. SHANTHA W/O JAVARAPPA, D/O LATE PUTTAMADAIAH, AGED ABOUT 50 YEARS, RESIDENT OF SIDDALINGAPURA, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 003. 18. SMT. SAROJAMMA W/O MAHADEVU, D/O MADAIAH, AGED ABOUT 64 YEARS, RESIDENT OF HOSABADAVANE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 606. 19. SMT. VASANTHI W/O SRINIVASA, D/O MADAIAH, AGED ABOUT 62 YEARS, RESIDENT OF HOSABADAVANE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 606. 20. SMT. MEENA D/O MADAIAH, AGED ABOUT 60 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 21. SMT. SHIVAMMA W/O LATE SIDDAIAH, AGED ABOUT 79 YEARS, - 5 - HC-KAR NC: 2026:KHC:9927 WP No. 7999 of 2024 RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 22. SRI. MAHADEVU S/O LATE SIDDAIAH, AGED ABOUT 54 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 23. SMT. CHAMUNDI D/O LATE SIDDAIAH, AGED ABOUT 52 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 24. SMT. SUDHA W/O RAMU, D/O LATE SIDDAIAH, AGED ABOUT 50 YEARS, RESIDENT OF KYATHAMARANAHALLI, MYSURU CITY-570 019. 25. SRI. NAGARJU S/O LATE PUTTAMADAIAH, AGED ABOUT 57 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. 26. SRI. MAHADEVU S/O MADAIAH, AGED ABOUT 66 YEARS, RESIDENT OF NADANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570 010. …RESPONDENTS (BY SRI. B.M. SHIVA SWAMY, ADVOCATE FOR R1 TO R21, R23, R24 & R26; VIDE ORDER DATED 18.02.2026, NOTICE TO R25 IS DISPENSED WITH) - 6 - HC-KAR NC: 2026:KHC:9927 WP No. 7999 of 2024 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS, HEAR THE PARTIES AND QUASH THE ORDER DATED 28.11.2023 PASSED ON I.A.NO.27 IN O.S.NO.473/2010 BY THE LEARNED VI ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU AT ANNEXURE-J AND ALLOW THE APPLICATION FILED BY THE PETITIONER IN I.A.NO.27 IN O.S.NO.473/2010 AT ANNEXURE-G AND PERMIT THE PETITIONER TO AMEND THE WRITTEN STATEMENT. THIS 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 petitioner/defendant No.6 in O.S.No.473/2010 is directed against the impugned order dated 28.11.2023, whereby the application IA No.27 filed by the petitioner and defendant No.6 under Order VI Rule 17, CPC seeking amendment of the written statement was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the respondents/plaintiffs instituted the aforesaid suit against the petitioner/defendant No.6 and other defendants for partition and separate possession of their alleged share in the suit schedule - 7 - HC-KAR NC: 2026:KHC:9927 WP No. 7999 of 2024 immovable properties and for other reliefs. The said suit is being contested by the petitioner/defendant No.6 who filed his written statement. Subsequently, after commencement of trial, the petitioner/defendant No.6 filed the instant application IA No.27 under Order VI Rule 17 CPC seeking amendment of the plaint by incorporating additional facts in support of his defence. The said application having been opposed by the plaintiffs, the trial Court proceeded to pass the impugned order rejecting the application on the sole ground that the petitioner had not exercised due diligence in not seeking amendment prior to commencement of trial. 4. In my considered opinion the reasoning of the trial Court and the finding recorded by the trial Court while rejecting the amendment application is contrary to the principles laid down by this Court in the case of Life Insurance Corporation of India v Sanjeev Builders Private Limited and Ors – AIR 2022 SC 4256, Dinesh Goyal @ Pappu v. Suman Agarwal (bindal) & ors. 2024 INSC 726 and the recent judgment of this Court at Dharwad Bench in the case of Mohammed Rafi & Another Vs. Bandenawaz & others – W.P.No.108512/2025 dated 16.12.2025. - 8 - HC-KAR NC: 2026:KHC:9927 WP No. 7999 of 2024 5. It is also pertinent to note that the proposed amendment was relevant and essential for the purpose of adjudication of the issues in controversy between the parties and the same would not change or alter the nature or character of the suit or its cause of action. At any rate since the plaintiffs would be entitled to file their reply/rejoinder to the amended written statement, it cannot be said that any prejudice would be caused to the plaintiffs if the amendment sought for by the defendants is allowed. Under these circumstances, I am of the view that the impugned order passed by the trial Court, refusing/rejecting amendment, has occasioned failure of justice, warranting interference by this Court in the present petition. Accordingly, I pass the following ORDER (i) Petition is hereby allowed. (ii) Impugned order dated 28.11.2023 passed on I.A.No.27 in O.S.No.473/2010 by the learned VI Additional Senior Civil Judge and JMFC, Mysuru at Annexure-J is hereby set aside. - 9 - HC-KAR NC: 2026:KHC:9927 WP No. 7999 of 2024 (iii) Application Item No. 27 filed by the petitioner stands allowed. Liberty is reserved in favour of the plaintiffs to file their rejoinder/reply to the amended written statement. Sd/- (S.R.KRISHNA KUMAR) JUDGE HB List No.: 2 Sl No.: 2