IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.25332 OF 2022 (GM-CPC)

BETWEEN:

1 . SMT. NAGARATHNA AGED 68 YEARS SINCE DECEASED BY HER LR'S.

a) SMT. MAHADEVI D/O LATE POOJARI PURUSHOTHAM S.R.

W/O VIJAYA AGED ABOUT 46 YEARS.

b) SMT. PUSHPA D/O LATE POOJARI PURUSHOTHAM S.R.

W/O REVANNA AGED ABOUT 45 YEARS.

c) SMT. ANITHA D/O LATE POOJARI PURUSHOTHAM S.R.

W/O GANASHYAM AGED ABOUT 44 YERS.

d) RANGANATH S.P.

D/O LATE POOJARI PURUSHOTHAM S.R.

AGED ABOUT 42 YEARS.

e) PRASANTH S.P.

D/O LATE POOJARI PURUSHOTHAM S.R.

AGED ABOUT 39 YEARS.

ALL ARE R/AT AND AVAILABLE AT HOUSE SITUATED BESIDE SRI. DODDAMMA JALA DURGAMMA TEMPLE HOSAMANE EXTENSTION SHIMOGA - 577201.

…PETITIONERS (BY SRI. MAHABALESHWARA RAO K.N. ADVOCATE)

AND:

1 . SRI. KAMAKSHI PRASANNA SRI DODDAMMA JALA DURGAMMA DEVALAYA SAMITHI REP. BY ITS GENERAL SECRETARY MR. SHI. DU. SOMASHEKAR C/O LATE S.R. DURGAPPA AGED ABOUT 66 YEARS BANASHANKARI EXTENSION (NOW CALLED HOSMANE EXTENSION)

SHIMOGA PIN CODE 577201.

2 . MR. S. MUKUNDA S/O LATE SNGAPPA .S AGED 64 YEARS R/O SRI KAMAKSHI PRASANNA SRI DODDAMMA JALA DURGAMMA DEVALAYA SAMITHI R/O. GANDHI NAGAR SHIMOGA - 577201.

…RESPONDENTS (BY SRI. VIJAYAKUMAR R, ADVOCATE FOR R1 V/O/DTD:14.02.2023 NOTICE IN R/O R2 IS D/W)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.11.2022 ANNEXURE G, PASSED ON I.A.NO. 12 FILED UNDER ORDER VI RULE 17 OF CODE OF CIVIL PROCEDURE IN O.S NO.59/2021 ON THE FILE OF PRINCIPAL SENIOR JUDGE AND CJM SHIMOGA AND CONSEQUENTLY ALLOW THE APPLICATION FOR AMENDMENT FILED BY THE PETITIONER UNDER ORDER VI RULE 17 OF CODE OF CIVIL PROCEDURE PRODUCED AS ANNEXURE- C & ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 09.09.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

This Writ Petition has been filed seeking to set aside the order dated 19.11.2022 on I.A. No.12 under Order VI Rule 17 read with Section 151 of CPC in O.S. No.59/2021 on the file of Principle Senior Civil Judge and CJM at Shimoga.

2. The Petitioner herein is the defendant no.2 before the Trial Court and since dead, petitioners 1a and 1b are the LRs of the petitioner. Respondent No. 1 herein, is the plaintiff and Respondent no-2 is the defendant no.1 before the trial court.

3. The facts of the case are as follows:

The petitioner’s family, from more than three generations covering more than 80-100 years, has been performing pooja and other related works of “SRI KAMAKSHI PRASANNA” Sri Doddamma Jala Durgamma Devalaya. The petitioner and her family members were residing in a house constructed more than 50-60 years back situated near the temple. After the death of the husband of the petitioner, her two children were performing pooja and other pooja works of the temple. Therefore, the earlier committee of the temple has taken decision to gift the property in which they were residing. Accordingly, Gift Deed has been executed in favour of the petitioner. Subsequently, the petitioner has demolished the house and commenced the construction of a new house by availing a loan from the bank. This is when the Plaintiff filed the O.S.No.59/2021 against the Respondent No.2 for cancellation of Gift Deed dated 01.03.2018.

The petitioner after filing written statement came to know that the property which was the subject matter of the registered Gift Deed dated 01.03.2018 did not belong to the plaintiff temple. The property which is in possession and enjoyment of the petitioner is situated on the southern side of the suit schedule property. The entire suit schedule property is vacant and poojari house in which petitioner’s family was residing was not part and parcel of the suit schedule property.

This is when the petitioner filed the application for amendment of written statement. The Trial Court after hearing both the sides, the Trial Court dismissed th