IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34685 OF 2025 (GM-CPC)

BETWEEN:

SMT. INDIRAMMA W/O GANGADHARA AGED ABOUT 32 YEARS RESIDING AT S. KODAGIHALLY, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216.

…PETITIONER (BY SRI. RAVIKUMARA B R., ADVOCATE)

AND:

Digitally signed 1. JAYALAKSHMAMMA by W/O G.K.KALAPPA, SHARADAVANI B AGED ABOUT 40 YEARS, Location: HIGH

2. G.K. MANUSHREE COURT OF KARNATAKA D/O G.K.KALAPPA, AGED ABOUT 21 YEARS, 3. G.K. SHIVA KUMAR S/O G.K.KALAPPA, AGED ABOUT 19 YEARS, ALL ARE RESIDING AT UNGARA MAJARE GADDEHALLY, C.S. PURA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572 216

4. KARIYAMMA @ JAYAMMA, W/O C.K. RAMAIAH, RESIDING AT CHIKKAMLALAVADI, KATTHAGERE HOBLI, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216.

…RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN OS NO. 287/2015 ON THE FILE OF THE COURT OF THE PRL. CIVIL JUDGE AND JMFC GUBBI AND QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 26.09.2025 PASSED ON IA NO. 14, UNDER ORDER VI RULE 17 CPC PERMITTING AMENDMENT OF THE PLAINT (ANNEXURE-E) AND ETC.

THIS 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 defendant No.2 is directed against the impugned order dated 26.09.2025, passed on I.A.No.14 in O.S.No.287/2015, by the Prl.Civil Judge and JMFC, Gubbi, whereby the said application filed by the respondent Nos.1 to 3/ plaintiffs under Order VI Rule 17 of CPC, seeking amendment of the plaint was allowed by the trial Court.

2. Heard learned counsel for the petitioner and perused the material on record.

3. A perusal of the material on record would indicate that respondent Nos. 1 to 3/plaintiffs have instituted the aforesaid suit against the petitioner/defendant No.2 and respondent No.4/defendant No.1, for partition and separate possession of their alleged share in the suit schedule immovable properties and for other properties and for other reliefs. The said suit is being contested by the petitioner and respondent No.4/defendant No.1. After completion of the trial and at the stage of final arguments, the plaintiff filed the instant application IA No.14, seeking amendment of the plaint by incorporating additional prayers and corresponding pleadings in this regard. The said application having been opposed by the petitioner, the trial Court proceeded to pass the impugned order, allowing the amendment and by directing that the proposed amendment shall not relate back to the date of the suit, but shall be reckoned/considered from the date of the application and by leaving open the question/issue regarding limitation to be decided by the trial Court at the time of final disposal of the suit. While arriving at the said conclusion, the trial Court held as under:

” ORDER ON I.A.NO.XIV The plaintiff has filed IA No.14 U/O 6 Rule 17 of CPC praying for leave of the court to amend the plaint as indicated therein. The proposed amendment reads as follows :

1. In the prayer column-prayer "a" to be amended as prayer "a1".

2. In the prayer column- "prayer(a) declaration of the plaintiffs legitimate share in the suit schedule properties" be added.

02. In the accompanying affidavit it is stated that the plaintiffs have filed the suit for partition and separate possession of the suit schedule properties. The above suit is posted for arguments on merits. While he is preparing himself for arguments he has came to know that a specific prayer with respect to declaration of their legitimate share in the suit schedule properties is needed. During the life time of his mother Chikkamma, 2^nd defendant namely Jayalakshmma had married and she has seized to become the successor of the Chikkamma. As such the 2^nd defendant has not succeeded the suit schedule properties which were belong to his mother Chikkamma. The 2^nd defendan