Allowed¶45

Sri.T.R Shanthakumar, v. Smt.T.R. Suvarna

Karnataka HC12 Mar 2026WP/5607/2023

Case brief

AI extract

What is this about?

Amendment of written statement; Order VI Rule 17 read with Section 151 CPC; belated amendment at fag end after evidence concluded; Article 227 certiorari against trial court order; cost of Rs.25,000/- imposed as condition; partition and separate possession suit O.S.No.100/2020, Tarikere; Karnataka High Court, single judge, 2026.

What did the court decide?

Impugned order dated 16.02.2023 set aside; I.A.No.VI for amendment of written statement allowed subject to payment of Rs.25,000/- cost to the plaintiffs on or before the next date of hearing in O.S.No.100/2020; all pending applications disposed of accordingly. ¶45

Sri.T.R Shanthakumar, Vs Smt.T.R. Suvarna — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 16.02.2023 of the Trial Court dismissing I.A.No.VI (amendment of written statement) in O.S.No.100/2020 should be quashed/set aside and the amendment allowed.

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Court's answer

Though I.A.No.VI seeking amendment of the written statement was filed at the fag end of the proceedings, in the interest of justice and to give one more opportunity, the writ petition requires to be allowed by setting aside the impugned order, subject to condition.

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Ratio / Principle

The writ petition is allowed and the impugned order dated 16.02.2023 passed by the Trial Court on I.A.No.VI in O.S.No.100/2020 is set aside.

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Key takeaways

I.A.No.VI filed under Order VI Rule 17 read with Section 151 of CPC for amendment of the written statement is allowed, subject to the condition that the petitioner shall pay cost of Rs.25,000/- to the plaintiffs on or before the next date of hearing in O.S.No.100/2020.ratio¶48

Detailed headnote1 paragraphs

Writ petition under Article 227 of the Constitution of India by defendant No.2 in O.S.No.100/2020 (suit for partition and separate possession) challenging the order dated 16.02.2023 of the Senior Civil Judge and Principal JMFC, Tarikere dismissing I.A.No.VI under Order VI Rule 17 read with Section 151 CPC seeking amendment of the written statement, filed after the evidence of the parties was concluded. Held: though the amendment application was made at the fag end of the proceedings, in the interest of justice and to give one more opportunity, the writ petition is allowed; the impugned order is set aside and the amendment of the written statement is permitted, subject to payment of Rs.25,000/- as costs to the plaintiffs on or before the next date of hearing in the suit.

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NC: 2026:KHC:14927 WP No. 5607 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5607 OF 2023 (GM-CPC)

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BETWEEN:

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SRI.T.R SHANTHAKUMAR S/O LATE T.N.REVANNA AGED ABOUT 63 YEARS R/AT 4TH CROSS, KANAKA LAYOUT TARIKERE TOWN AND TALUK-577228.

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…PETITIONER

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(BY SRI. SATHEESH H K., ADVOCATE)

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AND:

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SMT.T.R. SUVARNA W/O THIMMAIAH AGED ABOUT 62 YEARS

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SMT.T.R.LEELAVATHI W/O THIMMAIAH AGED 61 YEARS

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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BOTH ARE R/AT NEAR SJM COLLEGE REAR SIDE ROAD TO BHARATH GAS GODOWN GALIHALLI CROSS TARIKERE TOWN & TALUK-577228.

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SRI.T.R.HEMARAJ

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S/O LATE T.N.REVANNA AGED ABOUT 65 YEARS R/AT SAKKARE BIDDA HARALAPPA BUILDING 1ST HOUSE, VASAPPA COLONY TARIKERE TOWN AND TALUK-577229.

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SRI.T.R. SATHISH S/O LATE T.N.REVANNA

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NC: 2026:KHC:14927 WP No. 5607 of 2023

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HC-KAR

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AGED ABOUT 50 YEARS R/AT NO.37, BUILDING NO.148 1^ST FLOOR, MIG-A4, NETAJINAGAR SHIRKE, KHB COLONY KENGERI SATELLITE TOWN KENGERI, BANGALORE SOUTH BENGALURU-560 060.

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…RESPONDENTS

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(BY SRI. KUSHAL GOWDA, ADVOCATE FOR SRI ABHINAY Y T., ADVOCATE R1 & R2: SERVICE OF NOTICE IS HELD SUFFICIENT TO R3 & R4 V/O DATED: 22.06.2023)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT/DIRECTIONS/ORDER QUASHING THE ORDER DATED 16.02.23 PASSED ON IA NO.6 IN OS. NO.100/2020 BY THE SR. CIVIL JUDGE AND JMFC AT TARIKERE, CHIKMAGALUR PRODUCED AT ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, the petitioner-defendant No.2 has called in question the order dated 16.02.2023 passed by the Senior Civil Judge and Principal JMFC, Tarikere (hereinafter referred to as ‘Trial Court’ for short) on I.A.No.VI under Order VI Rule 17 read with Section 151 of

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CPC in O.S.No.100/2020 vide Annexure-A, whereby, the

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NC: 2026:KHC:14927 WP No. 5607 of 2023

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HC-KAR

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said application seeking for amendment of the written statement has been dismissed.

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For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

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Respondent Nos.1 and 2–plaintiffs have filed a suit

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for partition and separate possession. After service of notice, the defendants filed their written statement in the year 2021. Thereafter, issues were framed. After the evidence of the parties was concluded, defendant No.2 filed I.A.No.VI under Order VI Rule 17 read with Section 151 of CPC seeking amendment of the written statement. The Trial Court, by the impugned order dated 16.02.2023, dismissed the application. Being aggrieved by the same, the petitioner is before this Court.

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I.A.No.VI seeking amendment of the written

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statement has been filed at the fag end of the proceedings. In the interest of justice and to give one more opportunity, the writ petition requires to be allowed by setting aside the impugned order, subject to condition.

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NC: 2026:KHC:14927 WP No. 5607 of 2023

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HC-KAR

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Accordingly, the following order is passed:

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a) The writ petition is allowed .

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b) The impugned order dated 16.02.2023 passed by the Trial Court on I.A.No.VI in O.S.No.100/2020 vide Annexure-A, is set aside.

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c) I.A.No.VI filed under Order VI Rule 17 read with

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Section 151 of CPC for amendment of the written statement is hereby allowed, subject to the condition that the petitioner shall pay cost of Rs.25,000/- to the plaintiffs on or before the next date of hearing in

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O.S.No.100/2020.

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All pending applications, if any, stand disposed of accordingly.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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LIST NO.: 1 SL NO.: 126

Sri.T.R Shanthakumar, v. Smt.T.R. Suvarna

Case brief

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Sri.T.R Shanthakumar, v. Smt.T.R. Suvarna

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