Karnataka High Court

WP/24260/2023 of SMT. SUMITRA Vs SMT. JAYAMMA on 1 September 2026

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CNR: KAHC010563682023 NC: 2026:KHC:47395 W.P. No.24260/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A . PATIL WRIT PETITION NO.24260/2023 (GM-CPC) BETWEEN: 1. SMT. SUMITRA W/O LATE NARAYANA AGED ABOUT 64

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO.24260/2023 (GM-CPC)

BETWEEN:

1.

SMT. SUMITRA

W/O LATE NARAYANA

AGED ABOUT 64 YEARS

R/AT BEHIND MANJUNATHA TALKIES

ARAKERE VILLAGE, ARAKERE HOBLI

S.R. PATTANA TALUK

MANDYA DISTRICT 571401.

2.

SRI. C. VASU

S/O LATE LINGEGOWDA

AGED 61 YEARS

KYATHUMGERE VILLAGE

KOTHATHI HOBLI, MANDYA TALUK

3.

SMT. VASANTHA

W/O LINGAPPA

D/O LATE LINGEGOWDA

AGED 59 YEARS

R/AT MARUTHI NAGARA

1ST BLOCK, BANDAHALLI ROAD

BEHIND VENKATESHWARA BAR

ANNUR TALUK, ANNUR

CHAMARAJANAGARA DISTRICT 571111.

4.

SMT. SHIVARATNA

D/O LATE LINGEGOWDA

AGED 58 YEARS

R/AT PALAHALLI VILLAGE

BELGOOLA HOBLI

S.R. PATTANA TALUK

MANDYA DISTRICT 571438.

Digitally signed

by RUPA V

Location: HIGH

COURT OF

KARNATAKA

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5.

SMT. INDRAMMA

W/O K.B. APPAJI

D/O LATE LINGE GOWDA

AGED ABOUT 54 YEARS

R/AT. KOMMERAHALLI VILLAGE

KASABA HOBLI, MANDYA TALUK

MANDYA DIST – 571402.

…PETITIONERS

(BY SRI. VRATHIN N.K. ADV., FOR

SRI. Y.K. NARAYANA SHARMA, ADV.,)

AND:

1.

SMT. JAYAMMA

W/O LATE SIDDAPPA

AGED ABOUT 71 YEARS

R/AT KYATHUMGERE VILLAGE

KOTHATHI HOBLI

MANDYA TALUK

MANDYA DISTRICT 571403.

2.

SRI. SHIVAPRASAD

S/O LATE BORALINGEGOWDA

AGED 56 YEARS.

3.

SMT. LATHA

W/O LATE KRISHNA

AGED 51 YEARS.

4.

SRI. SUPRITH

S/O LATE KRISHNA

AGED 30 YEARS.

5.

SMT. SUPRIYA

D/O LATE KRISHNA

AGED 28 YEARS.

6.

SMT. P.B. PADMA

W/O SANNAPPA

D/O LATE BORALINGEGOWDA

AGED 54 YEARS

R/AT SHANTHASI NILAYA

HC-KAR

2ND MAIN, 5TH CROSS

VIDYARANYAPURAM

MYSURU 570008.

7.

SMT. KALADEVI P.B.

D/OLATE BORALINGEGOWDA

AGED 52 YEARS

R/AT GEJJALAGERE VILLAGE

MADDUR TALUK

MANDYA DISTRICT 571428

PROPRIETOR OF SRINIDHI CABLE NETWORKS

GEJJALAGERE VILLAGE

MADDUR TALUK

MANDYA DISTRICT 571428.

8.

SMT. SHASHIREKHA

W/O SURENDRA

D/O LATE BORALINGEGOWDA

AGED 51 YEARS.

R2 TO R5 & R8 ARE

R/AT PANAKANAHALLI VILLAGE

KASABA HOBLI, MADDUR TALUK

MANDYA DISTRICT 571402.

9.

SMT. BANASHANKARI

W/O LATE SHIVANANJU

D/O LATE LINGEGOWDA

AGED 56 YEARS

KYATHUMGERE VILLAGE

KOTHATHI HOBLI, MANDYA TALUK

10.

SRI. R.G. GURUSWAMY

S/O GURUMALLAPPA

AGED ABOUT 41 YEARS

R/AT RAGIBOMMANAHALLI VILLAGE

KIRAGAVALU HOBLI

MALAVALLI TALUK

MANDYA DISTRICT 571 430.

11.

SRI. C.M. RAGHU

S/O MAHADEVAPPA

HC-KAR

AGED 48 YEARS.

12.

SMT. H.N. GOWRAMMA

W/O H.M. NANJUNDAIAH

AGED 60 YEARS

R/AT HEBBAKAVADI VILLAGE

KOTHATHI HOBLI, MANDYA TALUK

MANDYA DISTRICT 571403.

13.

SRI. M. RAVI KUMAR

S/O MAHADEVAPPA

AGED 42 YEARS.

R11 & R13 ARE R/AT

CHIKKAMALAGUDU VILLAGE

KIRAGAVALU HOBLI

MALAVALLI TALUK

MANDYA DISTRICT 571424.

14.

SRI. B.N. UMESHA

S/O NAGARAJACHAR

AGED 38 YEARS

R/AT BABY VILLAGE

CHINNAKURALI HOBLI

PANDAVAPURA TALUK

MANDYA DISTRICT 571455.

15.

SRI. K.M. KRISHNA

S/O MADEGOWDA

AGED 38 YEARS

R/AT KARI URALIKOPPALU VILLAGE

MENISIKYATHANAHALLI DAKALE

BANNUR HOBLI

T. NARASIPURA TALUK

MYSURU DISTRICT 571124.

…RESPONDENTS

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER

DTD 22.08.2023 PASSED ON IA 4 IN OS NO.545/2017 BY THE

COURT OF PRINCIPAL CIVIL JDUGE AND JMFC MANDYA AS PER

ANNX-H AND REJECT THE SAID APPLICATION FILED BY THE R- 1 BY ALLOWING THIS W.P. WITH COSTS THROUGHOUT & ETC.

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THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

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

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

This petition is filed challenging the order dated 22.08.2023 passed on IA.No.4 in OS.No.545/2017 by the Principal Civil Judge and JMFC, Mandya (for short ‘the trial Court’).

2. Heard Sri.Vrathin N.K., learned counsel appearing for Sri.Y.K.Narayana Sharma, learned counsel for the petitioner and perused the material available on record.

3. Respondent No.1 filed a suit in OS.No.545/2017 seeking the relief of partition and separate possession of her 9/24th share in the suit schedule properties and for mesne profits. The defendants filed their detailed written statements denying the averments made in the plaint. The plaintiff examined herself as PW1, and the matter was posted for cross-examination of PW1. At that stage, the

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plaintiff filed an application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’), seeking amendment of the plaint. The said application was opposed by the defendants. The trial Court, under the impugned order allowed the application.

4. A perusal of the proposed amendment indicates that in paragraph Nos.9 and 10 of the plaint, the plaintiff seeks to carry out certain corrections which were factually incorrect with regard to the checkbandis and boundaries. In my concerned view, allowing such correction would not cause any prejudice or harm to the other side.

5. Insofar as the proposed amendment to paragraph No.8 of the plaint, by insertion of additional paragraph No.8(a) is concerned, the plaintiff seeks to introduce a specific pleading that she had adopted a daughter by name Aiswarya Raj, from her parents Sri.T.Rajanna and Smt.K.C.Prathima, under a registered

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adoption deed dated 03.10.2018 and the event of adoption is after filing of the suit.

6. It is to be noticed that the suit filed by the plaintiff is one for partition and separate possession. In the said suit, the plaintiff seeks to bring on record the factual matrix i.e. the adoption of a daughter during the pendency of the suit. In my considered view, the same would not cause any prejudice or affect the contentions raised by the defendants. Hence, the impugned order does not call for any interference. It is open for the defendants to file additional written statement by raising appropriate contentions. Accordingly, the writ petition is dismissed. The defendants are permitted to file additional written statement, if any, within a period of six weeks from the date of receipt of a copy of this order.

Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 24

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