- 1 - HC-KAR NC: 2025:KHC:52706 WP No. 8290 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8290 OF 2021 (GM-CPC) BETWEEN: SRI BALASUBRAMANYA M.S S/O LATE SHAMA BHATTA AGED ABOUT 56 YEARS R/O MARATE MASIGE VILLAGE SRINGERI TALUK - 577 139 CHICKMANGALURU DISTRICT. …PETITIONER (BY SRI JAGADEESH D.C, ADV.) AND: BHALAKRISHNA BHATTA S/O LATE SHAMA BHATTA AGED ABOUT 67 YEARS R/O NO.368, MATHRU NIVASA CITY BED, BANASHANKARI 2ND STAGE, BENGLALURU - 560 078. …RESPONDENT (BY SRI VISHNU BHAT, ADV.) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE CASE ON HAND FROM THE FILE OF TRIAL COURT IN O.S.NO.10/2019 AND PERUSE THE SAME.QUASH THE IMPUGNED ORDER DTD 29.08.2020 PASSED ON IA NO.4 IN O.S.NO.10/2019 BY THE LEARNED CIVIL JUDGE AND JMFC, SRINGERI VIDE ANNX-E AND CONSEQUENTLY ALLOW IA NO.4, FILED IN O.S.NO.10/2019 BY THE PLAINTIFF UNDER ORDER VI RULE 17 R/W 151 OF CPC AS PRAYED FOR VIDE ANNX-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52706 WP No. 8290 of 2021 ORAL ORDER 1. Plaintiff is before this Court in this petition filed under Article 227 of the Constitution of India with a prayer to set- aside the order dated 29.08.2020 passed on IA No.4 in OS No.10/2019 by the Court of Civil Judge and JMFC, Sringeri. 2. Heard the learned counsel for the parties. 3. Suit in OS No.10/2019 is filed by the petitioner herein before the jurisdictional Civil Court at Sringeri seeking the relief of permanent injunction in respect of the suit schedule property. Contesting defendant has filed his written statement and opposed the suit claim. When the suit was at the stage of plaintiff's evidence, IA No.4 was filed under Order VI Rule 17 read with Section 151 of CPC with a prayer to amend the schedule of the plaint. The said the application was opposed by the defendant by filing objections. The Trial Court vide the order impugned has rejected IA No.4 and being aggrieved by the same, the plaintiff is before this Court. 4. Perusal of the proposed amendment in IA No.4 would go to show that a prayer is made to permit the plaintiff to amend - 3 - HC-KAR NC: 2025:KHC:52706 WP No. 8290 of 2021 paragraph No.2 and the schedule given to the plaint. The proposed amendment reads as follows:- "1. In the plaint page No.1, para No.2, at line No. 3 after the Khata No.19 " new Assessment No.151/151" is substituted. 2. In the plaint schedule, after M R No.19/98-99 "Sy.No.464, Assessment No.151/151, Mescom consumer ID No.2240106, A L No.1530" is substituted." 5. In my considered opinion, the proposed amendment will not change the nature of the suit or the cause of action for the suit. The Trial Court in the order impugned has proceeded to consider the merits of the case while considering the application filed for amendment of the plaint. 6. The Hon'ble Supreme Court in the case of Rajesh Kumar Agarwal and Others vs. K.K.Modi and Others - (2006) 4 SCC 385 - has held that the Court should not go into the correctness or falsity of the case in the amendment nor record a finding on the merits of the amendment at the stage of considering the prayer for amendment. - 4 - HC-KAR NC: 2025:KHC:52706 WP No. 8290 of 2021 7. The Trial Court has failed to appreciate this aspect of the matter. Similar view has been taken by this Court in the case of G. S. Sudhir vs. S. Krishnamurthy and Others in W.P.No.2380/2020 disposed off on 22.08.2023. 8. Since the application was filed belatedly, inconvenience any caused to the contesting defendant could have been compensated by the Trial Court by imposing costs on the plaintiff. Under the circumstances, I am of the opinion that Trial Court was not justified in rejecting IA No.4 filed in OS No.10/2019 on behalf of the plaintiff under Order VI Rule 17 read with Section 151 of CPC. Accordingly, the following order:- 9. The writ petition is allowed. The order dated 29.08.2020 passed on IA No.4 in OS No.10/2019 by the Court of Civil Judge and JMFC, Sringeri, is set-aside. Consequently, the prayer made in IA.No.4 in OS No.10/2019 is granted subject to payment of cost of Rs.5,000/-. 10. This Court while issuing emergent notice to the respondent has directed the petitioner to deposit Rs.5,000/- in the Registry of this Court from which likely costs may be defrayed. Learned counsel for the petitioner submits that - 5 - HC-KAR NC: 2025:KHC:52706 WP No. 8290 of 2021 petitioner has deposited Rs.5,000/- before the Registry to this Court. Having regard to the same, respondent is permitted to withdraw the said amount which is deposited by the petitioner before this Court. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 26