Sri Venkateshappa v. Sri Ekashi Muniyappa
Case brief
What is this about?
Writ petition (GM-CPC) under Article 226 challenging rejection of plaint-amendment application (IA.No.XXIII) under Order VI Rule 17 r/w Section 151 CPC in O.S.No.74/2019 (partition and separate possession, schedules 'A' to 'D') by I Addl. Sr. Civil Judge and C.J.M, Kolar, order dated 25/11/2025 (Annexure-F). Amendment sought to add paragraph 17(a) clarifying certain properties as self-acquired of different persons, triggered by defendants' written statement paragraph 27. High Court held amendment unnecessary for partition adjudication, unhelpful to plaintiffs' burden on Hindu Joint Family/ancestral property issues, and barred in effect by proviso to Order VI Rule 17 as sought after commencement of trial; no error in impugned order; petition rejected. Bench: Justice Vijaykumar A. Patil (sole judge, author). Petitioners' counsel: Sri. Sundaresh G. No precedents cited.
What did the court decide?
The High Court finds no error in the impugned order of the trial Court calling for interference in the present petition.