- 1 - NC: 2025:KHC:4102 WP No. 25894 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25894 OF 2022 (GM-CPC) BETWEEN: SMT T D KAVITHA D/O LATE DODDA THIMMAIAH AGED ABOUT 43 YEARS R/AT NO.9, 14TH MAIN ROAD 3RD CROSS, MATHIKERE BANGALORE 560 054 …PETITIONER (BY SRI. SHREENIVASA G A.,ADVOCATE) AND: 1. SMT N KANTHA SINCE DEAD BY LRs. SRI. RANGASWAMY R S/O LATE V RAMASWAMY AGED ABOUT 70 YEARS HUSBAND OF KANTHA AGED ABOUT 63 YEARS. 2. SMT. R USHA D/O RANGASWAMY R AGED ABOUT 34 YEARS. 3. SRI. R PRAKASH S/O RANGASWAMY R AGED ABOUT 29 YEARS ALL ARE R/AT NO.14/1-1 OPP TOLL GATE BUS STOP NEXT TO SPIN ORTHOCARE HOSPITAL Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4102 WP No. 25894 of 2022 PRASANNA THEATER, MAGADI ROAD BANGALORE-560023. …RESPONDENTS (BY SRI. H R ANANTHA KRISHNA MURTHY.,ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO. 5589/2013 LEARNED HONBLE XXXV ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY,(CCH-36), SET ASIDE THE ORDER DATED 25.11.2022 PASSED IN O.S.NO. 5589/2013 VIDE ANNEXURE-A, PASSED BY THE LEARNED HONBLE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY,(CCH-36) AND ALLOW THE APPLICATION NO. 10 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the defendant under Article 227 of the Constitution of India, challenging the order dated 25.11.2022 passed by the XXXV City Civil and Sessions Judge, Bengaluru (CCH-36) in O.S.No. 5589/2013, whereby IA No.X filed by the defendants under Order VI Rule 17 of CPC has been rejected. - 3 - NC: 2025:KHC:4102 WP No. 25894 of 2022 2. The plaintiff filed a suit for declaration. Thereafter, he filed an application for amendment and the same was allowed in the year 2017. Thereafter defendant also filed additional written statement. On the basis of the pleadings of the parties, issues have been framed. When the matter was posted for evidence of the defendants, defendants filed IA No.X for amendment of written statement. Since the amendment sought by the defendants was available to the defendants at the time of filing the additional written statement and after a delay of four years from the date of filing the additional written statement this application has been filed, that too, when the matter was posted for evidence of the defendants, the same was dismissed. 3. Be that as it may. To give one more opportunity to defendant No.2, the matter requires to be allowed by imposing some cost. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. - 4 - NC: 2025:KHC:4102 WP No. 25894 of 2022 (ii) The order dated 25.11.2022 passed by the XXXV Additional City Civil and Sessions Judge, Bengaluru on IA No.X in O.S.No.5589/2013 is set aside. (iii) IA No.X filed under Order VI Rule 17 of CPC is allowed by imposing a cost of Rs.10,000/- payable by defendant No.2 to the plaintiff by the next date of hearing, before the trial court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 68