- 1 - NC: 2025:KHC:16803 WP No. 35733 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35733 OF 2024 (GM-CPC) BETWEEN: 1. MR. SANTOSH JAIN S/O LATE M SOHAN RAJ JAIN AGED 49 YEARS 2. MR. KAMAL KISHORE S/O LATE M SOHAN RAJ JAIN AGED 47 YEARS PETITIONER NO.1 AND 2 ARE R/AT NO.126/72 3RD BLOCK, 5TH MAIN THYAGARAJ NAGAR BENGALURU- 560028. …PETITIONERS (BY SRI. HONNUR ALI, ADV.) AND: 1. MR. HUKAMI CHAND JAIN S/O SHANTHILAL JAIN AGED ABOUT 32 YEARS R/AT NO.4, EKADANTA NILAYA 14TH CROSS SUBRAMANYAPURA MAIN ROAD NEAR SBM BENDRE NAGAR KADARANAHALLI BANGALORE- 560070. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16803 WP No. 35733 of 2024 2. SMT. SANJU JAIN P ALIS SANJU P D/O LATE SOHAN RAJ JAIN W/O PRASAN RAJ AGED ABOUT 52 YEARS R/AT NO.858/4 SHIVAJI RAO BUILDING 1ST MAIN ROAD, YASHWANTHPURA BANGALORE -560022. …RESPONDENTS (BY SRI. SURESH S LOKRE, SR. COUNSEL FOR SRI SHRAVAN S LOKRE, ADV. FOR R1 SRI BASAVARAJ R.Y., ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.12.2024 PASSED ON IA NO.2/2024 IN OS NO.2240/2021 ON IA NO.7/2024 IN OS NO.3205/2021 FOR AMENDMENT BY THE VI ADDL. CITY CIVIL AND SESSION JUDGE BENGALURU CCH-11 PRODUCED AT ANNX-A AND B AND THEREBY ALLOW THE APPLICATION FILED BY THE PETITIONER FOR AMENDMENT OF PLAINT IN OS NO.2240/2021 AND AMENDMENT OF WRITTEN STATEMENT IN OS NO.3205/2021. 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 This writ petition is filed by the plaintiffs No.2 and 3 in O.S.No.2240/2021 under Article 227 of the Constitution of India, challenging the order dated 10.12.2024 passed on I.A.No.2/2024 in O.S.No.2240/2021 and I.A.No.7/2024 in O.S.No.3205/2021 whereby the amendment - 3 - NC: 2025:KHC:16803 WP No. 35733 of 2024 applications in both the suits filed under Order VI Rule 17 of CPC are dismissed. 2. The petitioners herein filed a suit in O.S.No.2240/2021 for cancellation of sale agreement dated 17.02.2020. The first respondent herein filed O.S.No.3205/2021 for specific performance of contract dated 17.02.2020. 3. After appearance of the parties in both the suits, which are arising out of the same sale agreement dated 17.02.2020, both the suits are clubbed together and the parties have completed their pleadings. 4. On the basis of the pleadings of the parties, the issues have been framed and the matters were posted for evidence of the plaintiffs. The plaintiffs are partly cross- examined in O.S.No.3205/2021. At that stage, the petitioners herein filed applications in both the suits for amendment of the plaint and written statement, but the same came to be dismissed. - 4 - NC: 2025:KHC:16803 WP No. 35733 of 2024 5. The petitioners in their pleadings contended that there was a loan transaction in the year 2015, at that time, they had executed a Mortgage Deed and availed loan of Rs.3,50,48,242/-. But, in the agreement dated 17.02.2020, the sale consideration shown as Rs.2,60,00,000/- in the year 2020 cannot be believed. Even though, allowing of the amendment applications will not change the nature of the relief sought in the suits, but this pleading was available for the petitioners when they filed written statement as well as plaint. However, if the applications for amendment are allowed, it will not cause any prejudice to the respondents herein. In the interest of justice, I am of the opinion that applications filed by the petitioners herein in both the suits for amendment may be allowed, imposing cost. 6. Accordingly, the writ petition is allowed. The impugned order dated 10.12.2024 passed on I.A.No.2/2024 in O.S.No.2240/2021 and on I.A.No.7/2024 in O.S.No.3205/2021 for amendment by the VI Additional - 5 - NC: 2025:KHC:16803 WP No. 35733 of 2024 City Civil and Sessions Judge, Bengaluru is quashed and the applications are allowed, subject to condition that the petitioners shall pay cost of Rs.20,000/- to the first respondent herein on or before the next date of hearing. The Trial Court is directed to dispose of both the suits as expeditiously as possible and in accordance with law. In view of the disposal of this petition, all pending applications are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE MPK CT:bms List No.: 1 Sl No.: 39