Karnataka High Court

WP/28142/2026 of SRI G SRINIVASA RANGAN Vs SMT SUJATHA on 21 September 2026

Cites 0, Cited by 0

CNR: KAHC010608242026 NC: 2026:KHC:51986 WP No. 28142 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28142 OF 2026 (GM-CPC) BETWEEN: 1. SRI G SRINIVASA RANGAN AGED ABOUT 75 YEARS

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 28142 OF 2026 (GM-CPC)

BETWEEN:

1.

SRI G SRINIVASA RANGAN

AGED ABOUT 75 YEARS

S/O. T.S. GOVINDARAJAN

R/AT YERAGANAHALLI VILLAGE

TERAKANAMBI HOBLI

GUNDLUPET TALUK

CHAMARAJANAGAR DISTRICT - 571127

…PETITIONER

(BY SRI. PALLAVA R., ADVOCATE)

AND:

1.

SMT SUJATHA

AGED ABOUT 70 YEARS

W/O. T.R. VENKATARANGAN

R/AT D. NO. 3811, 6TH CROSS

1ST MAIN, GAYATHRI NAGAR

BENGALURU-560021

2.

SMT. SULOCHANA

AGED ABOUT 73 YEARS

W/O. LATE PATTABHIRAMAN

R/AT YERAGANAHALLI VILLAGE

TERAKANAMBI HOBLI

GUNDLUPET TALUK

CHAMARAJANAGAR

DISTRICT - 571127

Digitally

signed by

VINUTHA B

S

Location:

High Court

of

Karnataka

HC-KAR

3.

SMT. SHUBHAVATHI

AGED ABOUT 69 YEARS

W/O. SRI. S.N. RANGARAJU

D/O. T.S. GOVINDARAJAN

R/AT NO. 1154/2

VIDYARANYAPURAM

1ST CROSS, BEHIND SILK FACTORY

MYSURU-570008

4.

SMT. SUGUNA

AGED ABOUT 66 YEARS

W/O. D. LOKANATH

D/O. T.S. GOVINDARAJAN

R/AT NO. 33, MARUTHI EXTENSION

GAYATHRI NAGAR

BENGALURU-560021

5.

SMT. VANI

AGED ABOUT 56 YEARS

D/O. LATE PATTABHIRAMAN

R/AT YERAGANAHALLI VILLAGE

TERAKANAMBI HOBLI

GUNDLUPET TALUK

CHAMARAJANAGAR

DISTRICT 571127

6.

SMT. RUPA

AGED ABOUT 53 YEARS

D/O. LATE PATTABHIRAMAN6

C/O. SULOCHANA

R/AT YERAGANAHALLI VILLAGE

TERAKANAMBI HOBLI

GUNDLUPET TALUK

CHAMARAJANAGAR

DISTRICT - 571127

7.

SRI. SHESHADRI

AGED ABOUT 50 YEARS

S/O. PATTABHIRAMAN

C/O. SULOCHANA

HC-KAR

R/AT YERAGANAHALLI VILLAGE

TERAKANAMBI HOBLI

GUNDLUPET TALUK

CHAMARAJANAGAR

DISTRICT - 571127

8.

SMT. SHEELA

MAJOR

D/O. LATE PATTABHIRAMAN

C/O. SULOCHANA

R/AT YERAGANAHALLI VILLAGE

TERAKANAMBI HOBLI

GUNDLUPET TALUK

CHAMARAJANAGAR

DISTRICT - 571127

9.

SRI. T. MAHADEVAPPA

MAJOR

S/O. BASAPPA @ MUGAPPA

R/AT BOMMANAHALLI VILLAGE

TERAKANAMBI HOBLI

GUNDLUPET TALUK

CHAMARAJANAGAR

DISTRICT-571227

…RESPONDENTS

(BY SRI B. N. MAHESH CHANDRA, ADVOCATE FOR R1; VIDE ORDER DATED 10.09.2026

NOTICE TO R2 TO R9 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER

DATED 20.08.2026 PASSED BY THE SENIOR CIVIL JUDGE AND

JMFC, GUNDLUPET ON I.A. NO.21 IN O.S. NO. 42/2017 WHICH

IS GIVEN HEREIN AT ANNEXURE-A ETC.

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

HC-KAR

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORAL ORDER

Heard Sri. Pallava R., learned counsel for the petitioner and Sri. B.N. Mahesh Chandra, learned counsel for respondent No.1.

2. This petition is filed impugning the order dated 20.08.2026 passed on I.A. No.21, whereby the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), seeking amendment of the written statement, has been rejected.

3. Learned counsel appearing for the petitioner submits that the amendment is necessary to avoid multiplicity of proceedings and that no prejudice would be caused to the respondent.

4. Per contra, learned counsel appearing for the respondent submits that the application seeking amendment of the written statement was filed during the remand proceedings and that the same is not permissible, as the proposed amendment would travel beyond the scope of the remand.

HC-KAR

5. Considered the submissions made by learned counsel appearing for the parties and perused the petition papers.

6. The suit in O.S. No.42/2017 came to be filed for partition and separate possession. The petitioner preferred an appeal in R.A. No.70/2023, wherein the First Appellate Court, by judgment and decree dated 10.03.2026, while entertaining the application filed under Order XLI Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), seeking production of additional documents, set aside the judgment and decree and remitted the matter to the trial Court to consider the documents referred to in I.A. No.2, record oral and documentary evidence to that extent, and provide an opportunity to cross-examine the witnesses.

7. The First Appellate Court remitted the matter to the trial Court for the limited purpose of recording evidence in respect of the additional documents produced along with I.A. No.2. In the remand proceedings, when the scope of remand is specific, an application seeking amendment of the written

HC-KAR

statement cannot be entertained. If the trial Court were to entertain the application for amendment, it would travel beyond the scope of the remand ordered by the First Appellate Court. In that view of the matter, the impugned order rejecting the application for amendment of the written statement is justified. No infirmity can be found in the impugned order. Accordingly, the writ petition is dismissed.

Sd/- (K. V. ARAVIND) JUDGE

VBS List No.: 1 Sl No.: 34

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead