- 1 - NC: 2025:KHC:7193 WP No. 2951 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2951 OF 2025 (GM-CPC) BETWEEN: MR. N.M.A. SIDDIQ S/O LATE MOHAMMED BEARY AGED ABOUT 40 YEARS R/AT DOOR NO.8-14-1206/1 CPC COMPOUND, KUDROLI MANGALURU-575001 …PETITIONER (BY SRI. AJAY PRABHU M.,ADVOCATE) AND: 1. MR. HENRY COUTINHO S/O LATE RAYMOND COUTINHO AGED ABOUT 67 YEARS R/AT GC-1, GANESH SAGAR APARTMENTS 1ST CROSS ROAD, SHIVABAGH KADRI, MANGALURU-2. 2. MR VASANTH KAMATH S/O LATE GOPAL KRISHNA KAMATH AGED ABOUT 54 YEARS R/AT MAHAMAYA 2ND CROSS ROAD SHIVABAGH KADRI KANKANADY POST, MANGALURU-2 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 04.11.2024 ON I.A.NO. 25 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7193 WP No. 2951 of 2025 IN O.S.NO. 35 OF 2018 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC MANAGALORE AS PER ANNEXURE-A AND CONSEQUENTLY ALLOW IA NO. 25 AS PRAYED FOR 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 defendant No.2 challenging the order dated 04.11.2024 passed by the Principal Civil Judge and JMFC, Mangaluru on I.A.No.25 filed by defendant No.2 under Order VI Rule 17 of CPC in O.S.No.35/2018, whereby the trial Court dismissed the application filed for amendment of written statement. 2. The plaintiff filed the suit for eviction. After service of summons, the defendants appeared through counsel and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues. When the matter was set down for evidence, defendant No.2 filed I.A.No.25 under Order VI Rule 17 of CPC for amendment of the written statement on the ground that during the - 3 - NC: 2025:KHC:7193 WP No. 2951 of 2025 pendency of the suit, the General Power of Attorney (GPA) has passed away. The trial Court by order dated 04.11.2024 dismissed the said application. Being aggrieved by the same, the present petition is filed. 3. Heard the learned counsel for the petitioner and perused the petition papers. 4. The plaintiff filed the suit for eviction. When the matter was set down for evidence, defendant No.2 filed I.A.No.25 under Order VI Rule 17 of the CPC for amendment of the written statement on the ground that during the pendency of the suit, the GPA holder has passed away and the vakalath filed by the GPA holder with the plaint has been ceased. Therefore, he wants to bring this fact on record through an amendment. 5. Since the suit is for eviction, the plaintiff must prove his title over the property and show that the defendants are in illegal possession and must be evicted. A memo reporting the death of the GPA Holder was filed after lapse of four years from the death of the GPA holder to bring it - 4 - NC: 2025:KHC:7193 WP No. 2951 of 2025 to the notice of the Court. The said fact was already available on record and it is not related to the prayer sought in the suit. The said ground can be urged by defendant No.2 at the time of final disposal of the suit. Considering the facts and circumstance of the case, the trial Court has rightly dismissed the application and there is no error or illegality in the order passed by the trial Court. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 9