- 1 - NC: 2025:KHC:1463 WP No. 5651 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5651 OF 2024 (GM-CPC) BETWEEN: 1. M/S ANAMI BUILDERS REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.237 7TH MAIN, 6TH CROSS, BEML 3RD STAGE, RAJARAJESHWARI NAGAR BENGALURU-560098 REPRESENTED BY ITS PARTNER MR JAGADISH V. AGED ABOUT 47 YEARS. 2. MR JAGADISH V S/O VEERACHARI S AGED ABOUT 47 YEARS R/A NO.237, 7TH MAIN, 6TH CROSS BEML 3RD STAGE RAJARAJESHWARI NAGAR BENGALURU-560098. 3. MR SATISH VEERACHARI S/O SIDACHARI VEERACHARI R/A NO.237, 7TH MAIN, 6TH CROSS BEML 3RD STAGE RAJARAJESHWARI NAGAR BENGALURU-560098 REP BY GPA HOLDER MR JAGADEESH AGED ABOUT 47 YEARS …PETITIONERS (BY SRI. SHREERAM TIMMAPPA NAYAK.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1463 WP No. 5651 of 2024 AND: 1. M/S SLN REALTORS AND PROMOTERS REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT FLAT NO.4, IST FLOOR, NO.1698 5TH A CROSS, 2ND BLOCK BANASHANKARI IST STAGE BENGALURU-560050 REPRESENTED BY ITS MANAGING PARTNERS SRI M R VENKATESH MURTHY SRI KARTHIK S KASHYAP. 2. MR D RAMBABU S/O SUBBARAO AGED ABOUT 63 YEARS R/A NO.230, 1ST MAIN RMV 2ND STAGE, BDA BENGALURU-560094. …RESPONDENTS (BY SRI. VIJAYA KUMAR K., ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 22.02.2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19/09/2023 PASSED IN IA NO. 3 IN OS NO. 580/2018 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AT NELAMANGALA PRODUCED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:1463 WP No. 5651 of 2024 ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioners-defendant Nos.1, 2 and 4 challenging the order dated 19.09.2023 passed by the Addl. Senior Civil Judge, Nelamangala, on I.A.No.III filed under Order 6 Rule 17 read with Section 151 of CPC in O.S.No.580/2018, whereby the Trial Court has partly allowed the said application. 2. The plaintiff filed the suit for specific performance of the contract. After issuance of suit summons, the defendants have appeared through counsel and filed written statement. Thereafter, the Trial Court has framed issues and posted the matter for evidence. After completion of evidence of the plaintiff, the matter was posted for evidence of defendants. But the defendants have failed to adduce any evidence and hence, the Trial Court has taken the evidence of defendants as NIL. Thereafter, defendants have filed I.A.No.III under Order 6 Rule 17 of CPC seeking to amend the written statement. - 4 - NC: 2025:KHC:1463 WP No. 5651 of 2024 However, the Trial Court, by impugned order dated 19.09.2023 has partly allowed the said application. Being aggrieved, the present petition is filed by defendant Nos.1, 2 and 4. 3. The learned counsel for the petitioners-defendant Nos.1, 2 and 4 has submitted that the Trial Court has partly allowed the amendment application filed by the defendants and permitted the defendants to amend paragraph 20 of the written statement, but however, it has rejected the prayer seeking for insertion of paragraph 20(A) i.e., subsequent MOU, to the written statement. Paragraph-20A is continuation of paragraph-20. The Trial Court has erred in dismissing the application on the ground of delay. Hence, he sought for allowing the writ petition. 4. The learned counsel for the respondent No.1/plaintiff No.1 has submitted that if the amendment application is allowed, a new cause of action arises. That too, after - 5 - NC: 2025:KHC:1463 WP No. 5651 of 2024 evidence of the parties is completed, the defendants cannot be permitted to amend the written statement. He further contended that if this court comes to a conclusion to allow the application and permit the defendants to amend the written statement, the defendants shall not be permitted to lead evidence, since the Trial Court has already taken the evidence of defendants as NIL. Inspite of granting opportunity on several occasions, the defendants have not led any evidence. Hence, he sought for dismissal of the petition. 5. Heard the learned counsel for the parties. Perused the writ papers. 6. The Trial Court has rejected I.A.No.III filed by the defendants under Order 6 Rule 17 of CPC for amendment on the ground that after completion of evidence, the matter is posted for arguments. Since part of the application is allowed permitting the defendants to amend paragraph-20 of the written statement, rejecting the other - 6 - NC: 2025:KHC:1463 WP No. 5651 of 2024 part of the application seeking to insert paragraph-20A to the written statement, is unsustainable. Since the Trial Court has allowed part of the amendment, it cannot reject the other part of amendment on the ground of delay. Considering the nature of the suit, allowing the application in its entirety, will not cause any prejudice to the rights of the parties 7. Under the circumstances and in the interest of justice, this Court is of the opinion that the approach adopted by the Trial Court is incorrect and it needs to be corrected in terms of supervisory jurisdiction vested under Article 227 of Constitution of India. Hence, the impugned order is liable to be set aside. 8. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. - 7 - NC: 2025:KHC:1463 WP No. 5651 of 2024 b) The order dated 19.09.2023 passed by the Addl. Senior Civil Judge, Nelamangala, on I.A.No.III filed under Order 6 Rule 17 read with Section 151 of CPC in O.S.No.580/2018, is set aside. c) I.A.No.III filed by defendants under Order 6 Rule 17 of CPC is allowed. d) It is made clear that allowing of I.A.No.III cannot be a ground for the defendants to take advantage of the same for recalling the evidence of the defendants. e) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than six months from the date of receipt of copy of this order. f) Parties are directed to co-operate for early disposal of the suit. All pending I.As. before this Court, if any, are accordingly disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 78