Sri. Chidananda Murthy. K v. Sri. P. K. Prabhudeva

e -e1e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:40908 WP(No.(54562(of(2018 CNR:(KAHC010522242018 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( RDDATED(THIS(THE(3 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(VIJAYKUMAR(A.(PATIL( WRIT(PETITION(NO.(54562(OF(2018((GM-CPC) BETWEEN:( SRI.,CHIDANANDA,MURTHY.,K,, S/O.,P.,KUMARASWAMY,, AGED,ABOUT,62,YEARS,, OCC:,BUSINESS,, NO.22,,PRASIDDI,APARTMENT,, GANGAMMA,GARDEN,, MALAGALA,MAIN,ROAD,, ND2 ,STAGE,,NAGARABHAVI,, BENGALURU,-,560,091., …PETITIONER, (BY,SRI.,M.B.,CHANDRACHOODA,,ADVOCATE), AND: Digitally 1., SRI.,P.,K.,PRABHUDEVA, signedtiby SUNITHA0K0S S/O.,LATE,P.,KUMARASWAMY,, Location: AGED,ABOUT,58,YEARS,,High0Courttiof Karnataka R/AT,NO.,9,,VENKATESHWARA,GRUHA,NIRMANA, SEVA,SANGHA,LAYOUT,, WATER,TANK,ROAD,, BASAVESHWARANAGAR,, BENGALURU,-,560,079.,

2., SMT.,P.,KUMARI,DEVI, W/O.,B.R.,RAMACHANDRAPPA,, AGED,ABOUT,65,YEARS,, OCC:,HOUSE,WIFE,, e -e2e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:40908 WP(No.(54562(of(2018 CNR:(KAHC010522242018 NO.49,,VENKATESHWARA,GRUHA,, NIRMANA,SEVA,SANGHA,LAYOUT,, WATER,TANK,ROAD,, BASAVESHWARANAGAR,, BENGALURU,-,560,079.,

3., SMT.,P.,K.,NALINAKSHI, W/O.,K.,VEERANNA,, AGED,ABOUT,63,YEARS,, OCC:,ADVOCATE,, STNO.23,,1 ,CROSS,,S.V.K.,LAYOUT,, BASAVESHWARANAGAR,, BENGALURU,-,560,079.,

4., SMT.,P.K.,ANUSUYA, W/O.,G.R.,KALLESHAPPA,, AGED,ABOUT,58,YEARS,, OCC:,TEACHER,, "SREE,NILAYA",, NEAR,SRI,RAMA,TEMPLE,, KALIDASA,ROAD,, HARIHARA,-,577,601.,

5., SRI.,P.K.,TRINETRA, S/O.,P.,KUMARA,SWAMY,, AGED,ABOUT,60,YEARS,, OCC:,ASSISTANT,OFFICER,, BEML,FACTORY,, KGF,,KOLAR,-,563,113.,

6., SRI.,S.R.,NAGENDRA, S/O.,RAMANNA,A.N.,SEJKAR,, AGED:,MAJOR,, OCC:,BUSINESSMAN,, STD.NO.74,,1 ,FLOOR,, e -e3e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:40908 WP(No.(54562(of(2018 CNR:(KAHC010522242018 RAJ,ELECTRICALS,VASANTHA,ROAD,, DAVANAGERE,-,577,001.,

7., SRI.,K.,B.,SHASHIDHAR, S/O.,K.B.,BASAVARAJAPPA,, AGED:,MAJOR,, OCC:,BUSINESSMAN,, D.,NO.,641/1A,,COLLEGE,ROAD,, NITUVALLI,NEW,EXTENSION,, DAVANAGERE,-,577,002., …RESPONDENTS, (BY,SRI.,L.,NARASIMHA,MURTHY,,ADVOCATE,FOR,, ,,,,,,SRI.,S.A.,SUDHINDRA,,ADVOCATE,FOR,R1, ,,,,,,R2,,R4,TO,R7,ARE,SERVED,AND,UNREPRESENTED, ,,,,,,VIDE,ORDER,DATED,03.08.2026,,, ,,,,,,NOTICE,TO,R3,IS,HELD,SUFFICIENT), , THIS, W.P., IS, FILED, UNDER, ARTICLE, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASH, THE, ORDER, DATED,13.08.2018,[WRONGLY,SHOWN,AS,13.8.2017],PASSED, IN, IA, NO.10, FILED, U/O, VI, RULE, 17, OF, CPC,, IN, O.S.NO.142/2012, ON, THE, FILE, OF, PRINCIPAL, CIVIL, JUDGE,, DAVANAGERE,,VIDE,ANNEXURE-J.,, , THIS, PETITION,, COMING, ON, FOR, ORDERS,, THIS, DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:,

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

This writ petition is filed challenging the order dated

13.08.2018 (wrongly shown as 13.08.2017) passed on I.A.No.10 in O.S.No.142/2012 by the Principal Civil Judge, Davangere (hereinafter referred to as the 'trial Court' for short).

¶2Heard Sri M.B. Chandrachooda, learned counsel appearing for the petitioner and Sri L. Narasimha Murthy, learned counsel appearing on behalf of Sri S. A. Sudhindra, learned counsel for respondent No.1.

¶3Though other respondents are served, they remained unrepresented.

¶4The petitioner/plaintiff filed O.S.142/2012 seeking the relief of partition and separate possession of a 1/7th share in the suit schedule properties. In the said suit, the pleadings are completed and the trial Court has framed issues. The plaintiff examined himself as PW-1.

When the matter was posted for cross-examination of PW-1, the plaintiff filed an application in I.A.No.10 under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, 'CPC') seeking to amend the plaint. The said application was opposed by defendant Nos.7 and 8. The trial Court, under the impugned order dated 13.08.2018, rejected the application on the ground that the same was filed after the commencement of trial and without due diligence.

¶5It is to be noticed that the plaintiff is seeking to amend the plaint insofar as incorporating checkbandhis to Item Nos.2 to 4 of the suit schedule properties. The suit schedule consists of four properties. The plaintiff has already indicated the checkbandhis in respect of Item No.1; however, he could not furnish the checkbandhis in respect of Item Nos.2 to 4 of the suit schedule properties.

¶6The proposed amendment, though filed belatedly, would not cause any prejudice to the other side nor would it alter the nature of the suit, the cause of action, or the relief sought. The proposed amendment

would aid the trial Court in deciding the suit and remove ambiguity with regard to the identification of the properties.

¶7In view of the aforesaid reasons, I proceed to pass the following: ORDER

i) The writ petition is allowed.

ii) The impugned order dated 13.08.2018 (wrongly shown as 13.08.2017) passed on I.A.No.10 filed under Order VI Rule 17 of the CPC in O.S.No.142/2012 by the Principal Civil Judge, Davangere, is hereby set aside.

iii) Consequently, I.A.No.10 filed under Order VI Rule 17 of the CPC filed by the plaintiff seeking amendment of the plaint is allowed.

iv) The plaintiff shall file the amended plaint within a period of three weeks from the date of receipt of a copy of this order.

v) The trial Court shall dispose of the suit as expeditiously as possible.

vi) The parties shall co-operate for the early disposal of the suit. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 2