DR.SHATRUNJAYAN vs SRI.C.N.NARAKESARI
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58609
WP No. 32396 of 2026
CNR: KAHC010708342026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 32396 OF 2026 (GM-CPC)
BETWEEN:
1. DR.SHATRUNJAYAN
AGED ABOUT 50 YEARS
S/O LATE CR BHAGAVAN
R/AT NO.9/B, CH-28, 5TH MAIN, 10TH CROSS
JAYANAGARA, MYSURU-570 018
AND ALSO R/AT NO.44A, 46TH CROSS, 9TH MAIN
4TH BLOCK, RAJAJINAGARA BENGALURU-560 010.
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
…PETITIONER
(BY SRI. SOMASHEKARA K M.,ADVOCATE)
AND:
1. SRI. CN NARAKESARI
AGED ABOUT 62 YEARS
S/O LATE NARASIMHAMURTHY
2. SRI. CN NARAYANAPRASAD
AGED ABOUT 65 YEARS
S/O LATE NARASIMHAMURTHY
- 2 -
HC-KAR
NC: 2026:KHC:58609
WP No. 32396 of 2026
CNR: KAHC010708342026
3. SMT. VASANTHALAKSHMI
AGED ABOUT 65 YEARS
W/O KRISHNA
4. SMT. BHARGAVI
AGED ABOUT 60 YEARS
W/O RAJAGOPAL
5. SMT. JAYASHREE
AGED ABOUT 58 YEARS
W/O KRISHNAMURTHY
6. SMT. RUKMINI
AGED ABOUT 82 YEARS
W/O LATE NARASIMHAMURTHY
THE RESPONDENTS NO.1 TO 6 R/O NO.372,
A AND B BLOCK KUVEMPUNAGAR, MYSURU-570 023
7.
SRI. CR YOGANARASIMHA
AGED ABOUT 61 YEARS
S/O LATE CR RAMADAS
R/AT NO.409, VEENA SHYAMANNA ROAD,
FORT MOHALL, MYSURU-570 004
8. SRI. C.R. SEETHARAM
AGED ABOUT 58 YEARS
S/O LATE CR RAMADAS
R/AT NO.409, VEENA SHYAMANNA ROAD,
FORT MOHALL, MYSURU-570 004
9. SRI. C.R. RAJAGOPAL
AGED ABOUT 48 YEARS
S/O LATE CR RAMADAS
- 3 -
HC-KAR
NC: 2026:KHC:58609
WP No. 32396 of 2026
CNR: KAHC010708342026
R/AT NO.23, FLAT 3, 5TH MAIN 11TH CROSS,
LAKSHMI PARADISE LN PURA, BENGLAURU-560 021
10. SMT. NAGAMANI
AGED ABOUT 80 YEARS
W/O LATE CR RAMADAS
R/AT NO.409, VEENA SHYAMANNA ROAD,
FORT MOHALL, MYSURU-570 004
11. SRI. CR SATHYAPRAKASH
AGED ABOUT 65 YEARS
S/O LATE C RAJAGOPALA IYENGAR
R/AT NO.652, 2ND CROSS 2ND MAIN, B BLOCK,
KANAKADASA NAGARA, DATTAGALLI 3RD STAGE
MYSORE-570 033.
12. SMT. POORNIMA
AGED ABOUT 42 YEARS
D/O LATE RAMADEVI AND NG RAMASWAMY
R/O 485/2,
CHAWADI STREET 1ST CROSS, FORT MARKET
MYSORE-570 004
13. SMT. SOWMYASHREE
AGED ABOUT 40 YEARS
D/O LATE RAMADEVI AND NG RAMASWAMY
W/O CR RAJAGOPAL
R/O NO.23, FLAT 3,
5TH MAIN,
11TH CROSS LAKSHMI PARADISE, LN PURA
BENGALURU-560 021
14. SMT. CR PADMA
AGED ABOUT 72 YEARS
W/O SRIDHAR
- 4 -
HC-KAR
NC: 2026:KHC:58609
WP No. 32396 of 2026
CNR: KAHC010708342026
D/O LATE C RAJAGOPALA IYENGAR
R/AT NO.1470/1,
7TH CROSS,
KRISHNMURTHYPURAM
MYSORE-570 004
15. SMT. SRILATHA
AGED ABOUT 70 YEARS
W/O VASUKI
D/O LATE C RAJAGOPALA IYENGAR
R/AT NO.1470/1,
7TH CROSS,
KRISHNMURTHYPURAM,
MYSORE-570 004
…RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER DATED 23.04.2026 PASSED ON IA NO.6 IN
OS NO. 1182/2022 BY THE II ADDL. SENIOR CIVIL JUDGE AND
CJM, MYSURU AS PER ANNX-G AND CONSEQUENTLY DISMISS
IA NO. 6 FILED THE R8/DEFENDANT NO. 8 UNDER ORDER 6
RULE 17 OF THE CPC AS PER ANNX-E.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
- 5 -
HC-KAR
NC: 2026:KHC:58609
WP No. 32396 of 2026
CNR: KAHC010708342026
ORAL ORDER
This petition is filed impugning the order dated
23.04.2026, whereby the application filed under Order VI Rule
17 read with Section 151 of the Code of Civil Procedure, 1908
(for short, ‘CPC’), seeking amendment of the written
statement, was allowed.
2. Learned counsel appearing for the petitioner
submits that the amendment permitted by the impugned order
would take away the express admission made in paragraph 5 of
the written statement. It is further submitted that, by referring
to the registered Will dated 08.12.1986, an entirely new case
has been set up to claim possession. It is contended that
permitting such an amendment would alter the nature of the
suit and take away the admissions already made in the written
statement.
3. Considered the submissions made by the learned
counsel for the petitioner and perused the impugned order.
4. The suit is one for partition. In the written
statement, reference has been made to the registered Will
- 6 -
HC-KAR
NC: 2026:KHC:58609
WP No. 32396 of 2026
CNR: KAHC010708342026
executed by late Sowmyanayakamma. However, no further
details are provided in the written statement. Similarly, such
details are not provided in the plaint.
5. The Trial Court, upon perusal of the plaint, the
written statement and the proposed amendment, found that
the amendment would only further clarify the flow of title and
that the same was necessary for deciding the suit.
6. This Court, with the assistance of learned counsel
for the petitioner, has also perused the proposed amendment
and paragraph 5 of the written statement. Upon such perusal,
this Court is of the view that the proposed amendment merely
clarifies the flow of title and neither introduces a new cause of
action nor has the effect of taking away any admission already
made in the written statement.
7. Having regard to the aforesaid aspects, this Court
finds that the Trial Court was justified in allowing the
application. No ground is made out to interfere with the
impugned order. Accordingly, the petition is dismissed.
- 7 -
HC-KAR
NC: 2026:KHC:58609
WP No. 32396 of 2026
CNR: KAHC010708342026
8. In view of the amendment having been permitted,
the petitioner is at liberty to file a rejoinder, if so advised.
Sd/-
(K. V. ARAVIND)
JUDGE
VBS
List No.: 1 Sl No.: 53