- 1 - NC: 2025:KHC:9388 WP No. 32249 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 32249 OF 2024 (GM-CPC) BETWEEN: M/S SUPRA EXPORTS (REGISTERED UNDER PERMANENT SMALL SCALE INDUSTRIAL UNIT) REPRESENTED BY ITS PROPRIETOR MRS. SUDHA TRIVIKRAM OFFICE AT NO. 8, 6TH CROSS AMARAJOTHINAGAR, VIJAYANAGAR BENGALURU-560040. …PETITIONER (BY SRI.G KRISHNA MURTHY, SENIOR COUNSEL FOR SRI. ANAGHA NARASIMHA C.N., AND SRI AJIT P B., ADVOCATES) AND: M/S MYSORE STONEWARE PIPES AND POTTERIES LTD (REGISTERED UNDER PERMANENT SMALL SCALE INDUSTRIAL UNIT) REPRESENTED BY ITS EXECUTIVE DIRECTOR MR. RAJIV H. RAMAHALLI OFFICE AT NO. 452, 11TH CROSS 6TH MAIN, SADASHIVANAGAR BENGALURU-560080. …RESPONDENT (BY SRI.BABU., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER 12.09.2024 (ANNEXURE-A) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9388 WP No. 32249 of 2024 PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT, BENGALURU IN COM O.S.NO. 987/2021 ON I.A.NO. VII FILED BY THE PETITIONER UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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-defendant challenging the order dated 12.09.2024 passed by the XI Additional District Judge, Bengaluru Rural District, Bengaluru, on I.A.No.VII filed by defendant under Order VI Rule 17 read with Section 151 of CPC in Com.O.S.No.987/2021, whereby the Trial Court has dismissed the said application. 2. The plaintiff filed the suit against the defendant seeking the relief of eviction and consequential relief in respect of the suit schedule property. The defendant was a tenant. During the pendency of the suit filed by the - 3 - NC: 2025:KHC:9388 WP No. 32249 of 2024 plaintiff, the plaintiff has executed an Agreement of Sale in favour of one M/s.Raghavendra Enterprises and M/s.Raghavendra Enterprises has initiated Arbitration proceedings against the plaintiff. The Sole Arbitrator has passed the award dated 21.12.2023 by allowing the claim of the said firm and directed the plaintiff to execute the sale deed in respect of suit schedule property in favour of M/s.Raghavendra Enterprises. 3. In view of the subsequent event, the defendant has filed I.A.No.VII and also he has pleaded regarding the rent paid in favour of plaintiff and documents to that effect has been produced. 4. In that view of the matter, by allowing the amendment application, it will not cause any prejudice to the plaintiff. Hence, the impugned order is liable to be set aside subject to condition that petitioner shall not seek for any further evidence or reopening of any evidence. - 4 - NC: 2025:KHC:9388 WP No. 32249 of 2024 Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 12.09.2024 passed by the XI Additional District Judge, Bengaluru Rural District, Bengaluru, on I.A.No.VII filed by defendant under order VI Rule 17 read with Section 151 of CPC in Com.O.S.No.987/2021, is set aside. c) I.A.No.VII filed under Order VI Rule 17 of CPC read with Section 151 of CPC, is hereby allowed. d) The petitioner-defendant shall not seek for any further evidence or reopening of any evidence. e) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 29