Smt Sree Krupa v. Smt Amrutha S Kumar
Case brief
What is this about?
Karnataka High Court (Bengaluru), W.P. No. 34761/2024 (GM-CPC), decided 23.03.2026 by Justice H.T. Narendra Prasad. Dismissal of an Article 227 challenge to a trial court order rejecting a defendant's amendment application under Order VI Rule 17 r/w Section 151 CPC in a partition suit (O.S.No.114/2024); rejection upheld because the averment about the mother's Will was already contained in the written statement and the amendment would have been merely repetitive. Relevant to: scope of Article 227 interference with interlocutory civil orders; amendments repeating existing pleadings; Will/partition disputes. No precedents were cited in the order.
What did the court decide?
Since the averment sought to be incorporated by amendment was already pleaded in the written statement and the proposed amendment was merely repetitive in nature, the trial court rightly rejected I.A.No.4.