IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3683 OF 2026 (GM-CPC)

BETWEEN:

SRI Y. K. RAMESH S/O. LATE KESHAVAMURTHY @ GUNDAPPA AGED ABOUT 65 YEARS R/AT YELECHAGAHALLI VILLAGE, KASABA HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573 212 …PETITIONER (BY SRI V. R. PRASANNA, ADVOCATE)

AND:

1. SRI BALAKRISHNA S/O. LATE KESHAVAMURTHY @ GUNDAPPA AGED ABOUT 71 YEARS R/AT YELECHAGAHALLI VILLAGE Digitally signed KASABA HOBLI, HOLENARASIPURA TALUK by MARKONAHALLI HASSAN DISTRICT-573 212 RAMU PRIYA Location: HIGH PRESENTLY RESIDING AT P-202 COURT OF OZONE GLETER, NEAR GALAXY UNDER-BRIDGE KARNATAKA NARODA, ITI ROAD, AHMADABAD CITY KUBERNAGAR, AHMADABAD GUJARAT STATE-380 001

2. SMT. KAMALA W/O. LATE RAMAKRISHNA AGED ABOUT 67 YEARS R/AT KATTE HOSAHALLI VILLAGE HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT-573 211

3. SRI MANJUNATHA, S/O. LATE KESHAVAMURTHY @ GUNDAPPA AGED ABOUT 57 YEARS BHEL LAYOUT, 2^ND STAGE BEHIND POST OFFICE RAJARAJESHWARI NAGAR BENGALURU-560 098

4. SMT. SUMA W/O. SRIDHAR AGED ABOUT 55 YEARS R/AT SAI KRISHNA RESIDENCY NO.255/A, ANKAPPA LAYOUT SUBRAMANYAPURA POST UTTRAHALLI HOBLI BENGALURU-560 061 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16/12/2025 ON I.A NO.5 IN O.S.NO.181/2023 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND J.M.F.C., HOLENARASIPURA, VIDE ANNEXURE-A.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the defendant No.1 in O.S No.181/2023 on the file of the Principal Civil Judge and JMFC, Holenarasipura, is directed against the impugned order dated 16.12.2025 passed in O.S No.181/2023, whereby the application in I.A. No.V filed by the respondent No.1 / plaintiff seeking correction of the description of Item No. 3 of the suit schedule properties by inserting Assessment No.84 instead of Assessment No.85 in the schedule to the plaint was allowed by the Trial Court by holding as hereunder:

"ORDER ON I.A NO.V FILED UNDER ORDER VI RULE 17 OF CIVIL PROCEDURE CODE"

This application is filed by the applicant under Order VI Rule 17 of C.P.C. seeking to amend the plaint as stated in the application. The applicant has sought to amend the plaint as follows:-

"

zÁªÁzÀ µÉqÀÆå¯ï£ 3£Éà LlA £À°è ಅ(cid:2)ೆ(cid:2)ೆ(cid:4)ಂ(cid:6) £ÀA§gÀ£ÀÄß 85 JA§ÄzÀgÀ §zÀ¯ÁV 84 JAzÀÄ wzÀÄÝ¥Àr ªÀiÁqÀ¨ÉÃPÁVAiÀÄÆ"

2. In the affidavit annexed to the application, it is stated that, the plaintiff has filed the suit seeking the relief of Partition and separate possession. Due to typographical error while instituting the suit, the assessment number of item No.3 has been mentioned as 85. But, in the documents pertaining to item No.3, it has been shown as 84. The said mistake is not intentional. Therefore, it is necessary that the plaint has to be amended accordingly. If the application is not allowed the plaintiff would be put to irreparable loss and injury. On the other hand, the defendants will not be put to any hardship. Hence, it is prayed to allow the application.

3. The Defendant No.1 has filed objection to the application by contending that, the amendment is permissible only before the commencement of trial. But, in the present case the plaintiff is seeking the amendment after lapse of two years of institution of this suit. In the cross examination, the plaintiff has clearly admitted that, the property number stated in the plaint is correct. Therefore, said admission of the plaintiff cannot be withdrawn by way of amendment. On these grounds, it is prayed to dismiss the application.

4. On the basis of rival contentions, the following points arise for the consideration of this Court:

"1. Whether the applicant has made out grounds to allow the application?

2. What order?"

5. The answer of this Court to the above points are as under:

Point No.1: In the Affirmat