- 1 - HC-KAR NC: 2025:KHC:20490 WP No. 16468 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16468 OF 2025 (GM-CPC) BETWEEN: G.DHANANJAYA REDDY S/O SRI CHAKRAPANI REDDY AGED ABOUT 56 YEARS R/AT FLAT NO. C-002 SJR LUXURIA BLOCK JADEAREKERE NEAR BANNERGATTA MAIN ROAD, BENGALURU – 560 076. …PETITIONER (BY SRI PRADEEP NAIK K., ADVOCATE) AND: V.SRIDHAR REDDY S/O SRI VEERAPALLI RAMACHANDRA REDDY AGED ABOUT 48 YEARS R/AT MVV CITY, FLAT NO. 9028 9TH BLOCK, 2ND FLOOR VASUNDARANAGAR, P.M.PALEM MADHURAWADA, VISAKHAPATNAM ANDRA PRADESH – 530 041. …RESPONDENT (BY SRI KOUSHIK M. S., ADVOCATE) THIS WP IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER WHICH IS AT ANNEXURE -A TO THIS WRIT PETITION BY ALLOWING THE WRIT PETITION BY SETTING Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20490 WP No. 16468 of 2025 ASIDE THE IMPUGNED ORDER I.E. THE ORDER OF RE-CALL PASSED BY THE HONBLE X ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-26) DATED 29-04-2025 BY WHICH THE ORDER OF ALLOWING IA NO. 9 FILED BY THE PETITIONER UNDER ORDER VI RULE 17 R/W SECTION 151 OF CPC PRAYING TO AMEND THE WRITTEN STATEMENT WHICH WAS ALLOWED ON 22-04-2025 IN O.S. NO. 5133/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “1. Issue Writ in the nature of Certiorari to quash the impugned order which is at Annexure 'A' to this Writ Petition by allowing the Writ Petition by setting aside the impugned order i.e. the order of re-call passed by the Hon'ble X Addl. City Civil and Sessions Judge, Bengaluru [CCH-26] dated 29-04- 2025 by which the order of allowing IA No. 9 filed by the Petitioner under order VI Rule 17 R/w Section 151 of CPC praying to amend the written statement which was allowed on 22-04-2025 in O.S. No. 5133/2024. 2. To pass such other relief or reliefs as deemed fit by this Hon'ble Court under the facts and circumstances of the case in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:20490 WP No. 16468 of 2025 2. Heard Sri Pradeep Naik K., learned counsel for petitioner and Sri Koushik, learned counsel for respondent. 3. The issue in the lis revolves around an application – I.A.No.9 filed under Order VI Rule 17 r/w. Section 151 of the CPC, seeking permission to amend the written statement, which is at the outset being allowed by the concerned Court in terms of its order dated 22.04.2025 and directed filing of the same within 6 days. On the 6th day, the matter was listed and on the score that the petitioner has not filed the amended written statement, recalls the order dated 22.04.2025, on 29.04.2025. The recalling of which, is called in question before this Court in the subject petition. 4. Sri Koushik M.S., learned counsel for the respondent would submit that even before the concerned Court, they had not objected to the amendment to written statement. 5. Learned counsel for the parties would submit that the matter is listed today i.e., 16.06.2025. Therefore, the concerned Court shall take up the matter on 18.06.2025. - 4 - HC-KAR NC: 2025:KHC:20490 WP No. 16468 of 2025 6. The petitioner shall file the amended written statement within the afternoon of 17.06.2025. 7. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 34 CT:SS