- 1 - HC-KAR NC: 2025:KHC:52047 WP No. 12712 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 12712 OF 2021 (GM-CPC) BETWEEN: 1. SRI MAHENDRA BAID S/O SRI MOHANLAL BAOD AGED ABOUT 53 YEARS. 2. SMT. MEENA BAID W/O SRI MAHENDRA BAID AGED ABOUT 47 YEARS. 3. SRI DHARMENDRA BAID S/O SRI MOHANLAL BAID AGED ABOUT 47 YEARS. 4. SMT. BASU SHREE BAID W/O SRI DHARMENDRA BAID AGED ABOUT 41 YEARS. PETITIONER NO.1 TO 4 ARE RESIDENTS NO.50, 8TH MAIN ROAD KALYAN CO-OPERATIVE SOCIETY RPC LAYOUT, VIJAYANAGAR BENGALURU - 560 040. &PETITIONERS (BY SRI P.D. SURANA, ADV.) AND: SMT. H.S. PRATHIMA VIJAY KUMAR W/O SRI C.P. VIJAY KUMAR MAJOR RESIDING AT NO.43,44,45 1ST MAIN, PRASHANTHNAGAR EXTENSION, BSK 5TH STAGE ISRO LAYOUT, BENGALURU - 560 078. &RESPONDENT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52047 WP No. 12712 of 2021 (BY SRI SRINATH P, ADV.,) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ORDER DATED 22.02.2021 MADE ON I.A.NO.1/2021 AND I.A.NO.2/2021 IN O.S.NO.25083/2014 PENDING ON THE FILE OF XXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH NO.29) THE SAID ORDER IS AVAILABLE IN CERTIFIED COPY OF ORDER SHEET PRODUCED AT ANNEXURE-E. 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 ORAL ORDER 1. This writ petition is filed on behalf of the defendants challenging the order dated 22.02.2021 passed on IA.nos.1/2021 & 2/2021 in O.S.No.25083/2014 by the Court of XXVIII Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned Counsel for the parties. 3. O.S.No.25083/2014 was filed by the respondent herein seeking the relief of specific performance of the agreement of sale dated 13.09.2008 by receiving the balance sale consideration of Rs.12,47,623/- only. An alternative relief of directing the officers of the Court to execute the sale deed pursuant to the aforesaid sale agreement in favour of the plaintiff was also sought for in the said suit. - 3 - HC-KAR NC: 2025:KHC:52047 WP No. 12712 of 2021 4. When the said suit was at the stage of further cross- examination of PW-1, on 27.08.2019, IA.no.3/2019 was filed on behalf of the plaintiff under Order VI Rule 17 CPC with a prayer to amend the plaint. 5. The said application was allowed and the amendment was carried out in the plaint. The order passed on IA.no.3/2019 was challenged by the defendants in W.P.No.52981/2019 which was allowed and remanded with a direction to the Trial Court to consider IA.no.3/2019 afresh. It is under these circumstances, IA.no.1/2021 was filed with a prayer to strike off the amendment carried out pursuant to the order passed on IA.no.3/2019. IA.no.2/2021 was filed under Section 151 CPC with a prayer to recall the order dated 16.01.2021 passed in O.S.No.25083/2014. 6. The Trial Court vide the order impugned, has rejected both the aforesaid applications and being aggrieved by the same, the defendants are before this Court. 7. The order dated 26.09.2019 passed on IA.no.3/2019 was set aside by this Court in W.P.No.52981/2019 and the matter - 4 - HC-KAR NC: 2025:KHC:52047 WP No. 12712 of 2021 was remitted to the Trial Court to consider IA.no.3/2019 afresh. It is at this juncture, IA.no.1/2021 was filed with a prayer to strike off the amendment carried out to the plaint pursuant the order passed on IA.no.3 on 26.09.2019. 8. After remand, IA.no.3 was allowed by the Trial Court vide order dated 12.03.2020. The said order has been set aside by this Hon'ble Court in W.P.No.14486/2020, and therefore, the amendment carried out to the plaint pursuant to the order passed on IA.no.3/2019 is liable to be struck off. 9. IA.no.2/2021 was filed on behalf of the defendant under Section 151 CPC with a prayer to recall the order dated 16.01.2021 under which the Trial Court had posted the case for defendants evidence. 10. Perusal of the order sheet in O.S.No.25083/2014 would go to show that IA.no.3/2019 was filed on 27.08.2019 when the suit was at the stage of further cross-examination of PW-1. After orders were passed on IA.no.3/2019, the suit was never posted for further cross-examination of PW-1, and on the other hand, the suit was posted for amendment and for filing of - 5 - HC-KAR NC: 2025:KHC:52047 WP No. 12712 of 2021 amended plaint. On 08.12.2020, on the ground that amended plaint was not filed within the stipulated the period, the Trial Court had posted the suit for defendants evidence on 16.01.2021. On 16.01.2021, for the reason that there was no representation on behalf of the parties, evidence on behalf of the defendants was taken as nil and the suit was posted for arguments. It is this order dated 16.01.2021 which is sought to be recalled in IA.no.2/2021. 11. In my considered opinion, the Trial Court had not provided proper opportunity for the defendants to lead evidence. Further, this Court takes judicial notice of the fact that during the relevant period due to Covid-19, the parties as well as their advocates were not allowed inside the court and in the affidavit which is filed in support of IA.no.2, it is specifically stated that due to Covid-19, there was no representation on behalf of the defendant. Under the circumstances, I am of the opinion that the Trial Court was not justified in rejecting IA.no.2/2021. Therefore, the order passed on IA.nos.1/2021 & 2/2021 which are impugned in this writ petition cannot be sustained. Accordingly, the following order: - 6 - HC-KAR NC: 2025:KHC:52047 WP No. 12712 of 2021 12. Writ petition is allowed. The impugned order dated 22.02.2021 passed on IA.nos.1/2021 & 2/2021 in O.S.No.25083/2014 by the Court of XXVIII Addl. City Civil & Sessions Judge, Bengaluru, is set aside. Consequently, the prayer made in IA.nos.1/2021 & 2/2021 are granted. Sd/- (S VISHWAJITH SHETTY) JUDGE KK