- 1 - HC-KAR NC: 2026:KHC:13947 WP No. 17525 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17525 OF 2025 (GM-CPC) BETWEEN: H R MANJESH S/O LATE H.H. RAMEGOWDA AGED ABOUT 45 YEARS R/O HERUR VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMKURU DISTRICT-572130 …PETITIONER (BY SRI. N B NIJALINGAPPA., ADVOCATE) AND: 1. R SUNDRAMMA W/O LATE H.H. RAMEGOWDA AGED ABOUT 75 YEARS 2. H.R. VENKATHESHMURTHY S/O LATE H.H. RAMEGOWDA AGED ABOUT 48 YEARS 3. H.R. RAGHAVANDRA S/O LATE H.H. RAMEGOWDA AGED ABOUT 43 YEARS 4. H.R. PUSHPALATHA D/O LATE H.H. RAMEGOWDA W/O H.D. NAGARAJ AGED ABOUT 55 YEARS ALL ARE R/O HERURU VILLAGE KASABA HOBLI, KUNIGAL TALUK-572130. …RESPONDENTS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13947 WP No. 17525 of 2025 (BY SRI. MOHAN P S., ADVOCATE FOR R1 TO R3: R4 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, KUNIGAL ON 06/02/2024 IN OS NO. 119/2021 REJECTING THE IA NO. 9 VIDE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by plaintiff No.2 under Articles 226 and 227 of the Constitution of India, challenging the order dated 06.02.2024 passed by the Additional Senior Civil Judge and JMFC, Kunigal on I.A. No.IX in O.S. No.119/2021, filed by the plaintiffs under Order VI Rule 17 read with Section 151 of the Civil Procedure Code, seeking inclusion of one of the properties as a suit schedule property. 2. The plaintiffs have filed a suit in O.S. No.119/2021 for partition and separate possession. During the pendency of the suit, the plaintiffs filed an application, I.A. - 3 - HC-KAR NC: 2026:KHC:13947 WP No. 17525 of 2025 No.IX, under Order VI Rule 17 of CPC seeking to include the property bearing Municipal Assessment No.1027-861, measuring East to West: 33 feet and North to South: 40 feet, situated at KHB Colony, Kunigal Town, Tumkur District, as a joint family property. 3. The said application was opposed by defendant No.2 by filing objections contending that the said property is the self-acquired property of defendant No.2. Since the plaintiffs had not produced any document to show that the property is a joint family property, the application came to be dismissed. 4. In order to give one more opportunity to the petitioner/plaintiff, the matter requires to be remitted to the Trial Court to enable the plaintiffs to produce documents to establish that the said property is a joint family property. 5. In view of the above, the following order is passed: - 4 - HC-KAR NC: 2026:KHC:13947 WP No. 17525 of 2025 (i) The writ petition is allowed. (ii) The order dated 06.02.2024 passed by the Additional Senior Civil Judge and JMFC, Kunigal on I.A. No.IX in O.S. No.119/2021 is quashed. (iii) The matter is remitted to the Trial Court to reconsider I.A. No.IX filed under Order VI Rule 17 of CPC, in accordance with law, after giving opportunity to both the parties. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 81