- 1 - NC: 2025:KHC:13520 WP No. 4592 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4592 OF 2025 (GM-CPC) BETWEEN: 1. M/S. TIRUMALA CONSTRUCTIONS, BUILDERS AND DEVELOPERS, A PARTNERSHIP FIRM, OFFICE AT NO. 326, 5TH MAIN, 10TH CROSS, 4TH STAGE, VINAYAKA LAYOUT, NAGARABHAVI, BANGALORE-560 072. REP. BY ITS MANAGING PARTNERS MR. MOHAN AND MR. PRAVEEN MOHAN. 2. MR. MOHAN R, S/O LATE RANGANATHAN, AGED ABOUT 77 YEARS. 3. MR. PRAVEEN MOHAN, S/O MOHAN R, AGED ABOUT 44 YEARS. BOTH ARE OFFICE AT NO. 326, 5TH MAIN, 10TH CROSS, 4TH STAGE, VINAYAKA LAYOUT, NAGARABHAVI, BANGALORE-560 072. …PETITIONERS (BY SRI CHETHAN KUMAR K, ADVOCATE) AND: SRI PREETHAM KIRAN, S/O RAMAKRISHNA SETTY, AGED ABOUT 45 YEARS, R/AT FLAT NO. 203, 2ND FLOOR, Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13520 WP No. 4592 of 2025 SRI CHOWDESHWARI RESIDENCY, WATER TANK ROAD, NEXT TO STUDENTS HOSTEL, P P LAYOUT, BANGALORE-560 085. …RESPONDENT (BY SRI CHANDRASHEKAR H B, ADVOCATE) THIS W.P. IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.01.2025 IN O.S.NO. 4104/2022 PENDING BEFORE THE LEARNED XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-7) VIDE ANNEXURE -C (IA NO.9) ANNEXURE-E AND CONSEQUENTLY DISMISSED THE APPLICATION FILED BY THE RESPONDENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition is filed by defendant No.1 under Article 227 of the Constitution of India, challenging the order dated 24-01-2025 passed by the learned XXII Additional City Civil and Sessions Judge, Bengaluru in OS No.4104/2022, whereby, IA No.9 filed by the plaintiff under order 6 Rule 17 CPC is allowed. 2. The plaintiff has filed a suit for recovery of money. On service of summons, defendants have appeared - 3 - NC: 2025:KHC:13520 WP No. 4592 of 2025 through counsel and filed the written statement. On the basis of the pleadings of the parties, the trial Court has framed the issues, parties have adduced their evidence and posted for evidence. At that time, plaintiff has filed an application in IA No.9 under order 6 Rule 17 CPC seeking amendment of the plaint, on the ground that there is typographical error in mentioning the date and cheque number. The same has been allowed by the trial Court by the impugned order. The trial Court has not given any reason for allowing that application. The impugned order is not a speaking order and same is passed without application of mind. On this short ground, the writ petition is allowed. 3. The impugned order dated 24-01-2025 passed on IA No.9 in OS No.4104/2022 by the trial Court is set aside. 4. The trial Court is directed to reconsider that application filed by plaintiff under order 6 Rule 17 CPC in accordance with law. - 4 - NC: 2025:KHC:13520 WP No. 4592 of 2025 5. Both the parties are directed to argue on that application on the next date of hearing i.e. on 25.04.2025 without taking any further adjournments. Sd/- (H.T. NARENDRA PRASAD) JUDGE tsn* List No.: 1 Sl No.: 22