- 1 - NC: 2025:KHC:7410 WP No. 15676 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15676 OF 2023 (GM-CPC) BETWEEN: J. D. RAMASHETTY AGED ABOUT 74 YEARS S/O DASASHETTY R/AT NO 139, 5TH CROSS GOVT SCHOOL ROAD CHIKKASANDRA BENGALURU - 560057 …PETITIONER (BY SRI.PRITHVI RAJ SHASTRY G. & SRI G BALAKRISHNA SHASTRY.,ADVOCATES) AND: 1. SRINIVASASHETTY SINCE DEAD BY LR’S JAYALAKSHMAMMA W/O SRINIVASA SHETTY MAJORE 2. KUMAR R S S/O SRINIVASA SHETTY AGED ABOUT 45 YEARS. 3. MURTHY S/O SRINIVASA SHETTY AGED ABOUT 38 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7410 WP No. 15676 of 2023 4. NAGAMMA D/O SRINIVASA SHETTY AGED ABOUT 53 YEARS 5. MANJULA D/O SRINIVASA SHETTY AGED ABOUT 42 YEARS R1 TO R5 ARE RESIDING AT RAMENHALLI VILLAGE DEVALAPURA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571445. …RESPONDENTS (BY SRI.SRINIVASA, ADVOCATE FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 20.3.2023 IN OS.NO.203/2014 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, NAGAMANGALA ON IA.NO.12 PRODUCED AT 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 ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 20.03.2023 passed by the - 3 - NC: 2025:KHC:7410 WP No. 15676 of 2023 Addl. Civil Judge & JMFC, Nagamangala, on I.A.No.12 filed by the defendant under Order 6 Rule 17 read with Section 151 of CPC in O.S.No.203/2014, whereby the Trial Court has allowed the said application. 2. The plaintiff filed the suit for declaration and permanent injunction. After issuance of suit summons, the defendant has appeared through counsel and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues. When the matter came to be posted for evidence, at that stage, the defendant has filed I.A.No.12 under Order 6 Rule 17 of CPC for amendment of written statement. The Trial Court, by impugned order has allowed the said application. Being aggrieved, the present petition is filed. 3. The learned counsel for the petitioner submits that the application is filed for amendment of written statement after eight 8 years from the date of filing the written statement. The pleadings made in the written statement - 4 - NC: 2025:KHC:7410 WP No. 15676 of 2023 has nothing to do with the relief sought in the suit. Without considering these aspects, the Trial Court has erred in allowing the application. 4. Heard the learned counsel for the parties. Perused the writ papers. 5. By filing the amendment application, defendant is not withdrawing any admission made in the written statement and therefore, no prejudice will be caused to either of the parties. In order to avoid multiplicity of proceedings, it is necessary to allow the application filed under Order 6 Rule 17 of CPC. 6. The Trial Court after considering all these aspects has rightly allowed the application. There is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. - 5 - NC: 2025:KHC:7410 WP No. 15676 of 2023 7. Accordingly, the writ petition is dismissed. 8. All pending I.As, in this writ petition, if any, are accordingly dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 41