- 1 - NC: 2025:KHC:14415 WP No. 8855 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8855 OF 2025 (GM-CPC) BETWEEN: DR FARUQ M BADIDDIN AGED ABOUT 68 YEARS S/O M. ABDUL KARIM R/O FLAT NO. 1202, A BLOCK KRISHNA SHELTON APARTMENTS BAGALURU MAIN ROAD BENGALURU-560063. …PETITIONER (BY SRI. PRAJWAL P., ADVOCATE) AND: MRS SHAMEENA SHARIEFF AGED ABOUT 63 YEARS W/O SRI M.A.SHARIEFF R/AT NO.92, 6TH CROSS DOLLARS COLONY, BTM 2ND STAGE BANEERGHATA ROAD BANGALORE-560076. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:24.01.2025 PASSED BY THE LEANED SENIOR CIVIL JUDGE AND JMFC MAGADI ON IA NO. 6 IN MISC NO. 2/2022 AS PER ANX-A DISMISS IA NO. 6 IN MISC NO. 2/2022 ON THE FILE OF THE LEANED SENIOR CIVIL JUDGE AND JMFC MAGADI WHICH IS AT ANNEXURE-E. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14415 WP No. 8855 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner challenging the order dated 24.01.2025 passed by the Additional Senior Civil Judge and JMFC, Magadi on I.A.No.6 filed under Order VI Rule 17 read with Section 151 of CPC in Misc.No.2/2022, whereby the said application has been allowed. 2. The plaintiff filed a suit for specific performance of a contract. The suit was decreed ex-parte in O.S.No.672/2014 on 18.09.2017. Being aggrieved by the same, the respondent herein has filed Misc.No.2/2022 under Order IX, Rule 9 read with Section 151 of CPC, seeking to set aside the judgment and decree passed on 18.09.2017 in O.S.No.672/2014. Subsequently, the respondent filed I.A.No.6 under Order VI, Rule 17, read with Section 151 of the CPC, seeking permission to amend the provision of the petition from ‘Rule 9’ to ‘Rule 13’. The - 3 - NC: 2025:KHC:14415 WP No. 8855 of 2025 application was allowed by the impugned order dated 24.01.2025. Being aggrieved by the same, the present petition has been filed. 3. The respondent herein has filed I.A.No.5 under Order VI, Rule 17, read with Section 151 of the CPC, seeking to delete the prayer made in the miscellaneous petition and insert a new prayer. Subsequently, the petitioner filed an objection to the application on the grounds that the prayer sought by the respondent herein is not permissible under Order IX, Rule 9 of the CPC and it will change the entire relief claimed by the respondent herein. Thereafter, the respondent herein filed another application i.e. I.A.No.6, under Order VI, Rule 17, read with Section 151 of the CPC, seeking permission to amend the provision of the miscellaneous petition as Order IX, Rule 9 instead of Order IX, Rule 13. The said application has been allowed and permitted the plaintiff to carry out the necessary amendment in the miscellaneous petition. Even though, there was a delay in filing the application, by allowing the - 4 - NC: 2025:KHC:14415 WP No. 8855 of 2025 said application will not cause any prejudice to the petitioner herein and will not change the cause of action or the nature of the petition. Therefore, there is no error or illegality in the order passed on I.A.No.6 under Order VI Rule 17 read with Section 151 of CPC by Additional Senior Civil Judge and JMFC, Magadi. 4. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 45