- 1 - NC: 2025:KHC:9185 WP No. 23548 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23548 OF 2024 (GM-CPC) BETWEEN: MR RAHAMATHULLA BAIG AGED ABOUT 79 YEARS S/O LATE BUDDENBAIG NO. 433/1, 11TH MAIN 4TH CROSS, VIVEKANAGAR BENGALURU – 560047. …PETITIONER (BY SRI. RAHAMATHULLA KOTHWAL., ADVOCATE) AND: 1. GULSHAD BEGUM AGED ABOUT 68 YEARS D/O LATE ABDUL RASHEED KHAN W/O SAMIULLA 2. SHABAZ BEGUM AGED ABOUT 65 YEARS D/O LATE ABDUL RASHEED KHAN W/O LATE SYED MUNEER 3. SHIRAZ BEGUM AGED ABOUT 62 YEARS D/O LATE ABDUL RASHEED KHAN W/O AYUB KHAN 4. RIYAZ BEGUM AGED ABOUT 58 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9185 WP No. 23548 of 2024 D/O LATE ABDUL RAHSEED KHAN W/O LATIFUDDIN 5. SARTAJ BEGUM AGED ABOUT 50 YEARS D/O LATE ABDUL RASHEED KHAN W/O SYED IMRAN 6. FIRDOUSE AHMED KHAN AGED ABOUT 55 YEARS S/O LATE ABDUL RASHEED KHAN PETITIONERS NO.1 TO 6 ARE RESIDING AT NO. 13/1 SAUNDERS ROAD, FRAZER TOWN BENGALURU - 560 005. 7. JAVEED AHMED KHAN AGED ABOUT 46 YEARS S/O LATE G. SAMMATH KHAN. 8. MUSHEER AHMED KHAN AGED ABOUT 50 YEARS S/O LATE G SAMMATH KHAN 9. SHABEER AHMED KHAN AGED ABOUT 61 YEARS S/O LATE G SAMMATH KHAN 10. NUSRATHUNNISA AGED ABOUT 64 YEARS D/O LATE G SAMMATH KHAN W/O MASOOD AHMED 11. ISHRATH UNNISA AGED ABOUT 49 YEARS D/O LATE G SAMMATH KHAN - 3 - NC: 2025:KHC:9185 WP No. 23548 of 2024 W/O PARVEZBAHAMANI 12. IBRATH UNNISA AGED ABOUT 54 YEARS D/O LATE G SAMMATH KHAN W/O KAISER ULLA KHAN PETITIONERS NO. 7 TO 12 ARE RESIDING AT NO. 19B, OOSMAN KHAN ROAD BEHIND AMANATH CO-OPERATIVE BANK BENGALURU - 560002 REP BY THEIR GPA HOLDER MR. WASEEM ULLA KHAN M AGED ABOUT 44 YEARS S/O SAMIULLA KHAN NO.13/1, SAUNDERS ROAD FRAZER TOWN, BENGALURU - 560 005. 13. MR. N.S SALAR SAB AGED ABOUT 79 YEARS S/O LATE N.S. KHADAR SAB NO. 433/1, 11TH MAIN 4TH CROSS, VIVEKANAGAR BENGALURU. 14. MR. NOORULLA KHAN SINCE DEAD REP. BY HIS LRS NOOR UNNISA AGED ABOUT 54 YEARS W/O LATE NOORULLA KHAN 15. MASOODA KHANUM AGED ABOUT 30 YEARS D/O LATE NOORULLA KHAN 16. ALISHA KHANUM AGED ABOUT 28 YEARS D/O LATE NOORULLA KHAN - 4 - NC: 2025:KHC:9185 WP No. 23548 of 2024 17. HASHMATH KHANUM AGED ABOUT 27 YEARS D/O LATE NOORULLA KHAN PETITIONERS NO. 14 TO 17 ARE R/AT NO. 18/20, 1ST FLOOR AFRA MANZIL,9TH MAIN 4TH CROSS, BTM LAYOUT BANGALORE - 560068. 18. MR. MOHAMMED SANAULLA AGED ABOUT 86 YEARS S/O LATE ABDUL BASHEER NO.54, 4TH MAIN, DOMLUR 2ND STAGE BENGALURU - 560071. 19. MRS. RAZIA BEGUM AGED ABOUT 74 YEARS W/O MOHAMMED SANAULLA NO.54, 4TH MAIN, DOMLUR 2ND STAGE BENGALURU - 560 071. …RESPONDENTS (BY SRI. ABHINAV RAMANAND A., ADVOCATE FOR R1 TO R12: NOTICE TO R13 TO R19 ARE DISPENSED WITH V/O DATED: 24.09.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 18.04.2024 IN O.S.NO. 6737/2015 ON I.A. NO. 6 FILED UNDER ORDER VI RULE 17 OF C.P.C PASSED BY THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSION JUDGE AT BENGALURU (CCH- 06) VIDE 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 - 5 - NC: 2025:KHC:9185 WP No. 23548 of 2024 ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.1 challenging the order dated 18.04.2024 passed by the XXIV Addl. Civil Judge and Sessions Judge, Bengaluru, on application filed by defendant No.1 under Order VI Rule 17 of CPC in O.S.No.6737/2015, whereby the Trial Court has rejected the said application. 2. The plaintiff filed the suit for relief of declaration. On service of suit summons, the defendant No.1 appeared and filed written statement on 18.07.2016. On the basis of the pleadings of the parties, the Trial Court has framed issues and posted the matter for evidence of parties. During the cross-examination of DW-1, the defendant No.1 has filed an application under Order VI Rule 17 of CPC seeking permission to amend the written statement. The Trial Court, by impugned order has rejected the said application. Being aggrieved by the said order, the present petition is filed. - 6 - NC: 2025:KHC:9185 WP No. 23548 of 2024 3. Heard the learned counsel for the parties. Perused the writ papers. 4. On perusal of the entire records, it discloses that a comprehensive suit for declaration has been filed. During the cross examination of DW-1, the defendant No.1 has filed an application seeking to amend the written statement. By way of amendment, the defendant No.1 wants to withdraw the admission made in the written statement by deleting paragraph-3 and to add one more paragraph to the written statement. The matter is posted for cross-examination of DW-1. At this stage, the defendant No.1 cannot be permitted to amend the written statement. Therefore, the Trial Court has rightly rejected the application. 5. Viewed from any angle, 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. - 7 - NC: 2025:KHC:9185 WP No. 23548 of 2024 6. Accordingly, the writ petition is dismissed. 7. At this stage, the learned counsel for the petitioner submits that during the pendency of this writ petition, further cross-examination of DW-1 has been taken as NIL. Hence, he seeks permission to file an application before the Trial Court to recall the said order. 8. In view of the said submission, the petitioner herein is at liberty to file necessary application before the Trial Court to recall the order. If such an application is filed, the same may be considered in accordance with law. 9. In view of dismissal of petition, all pending I.As., if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 30