Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29488 WP No. 6958 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6958 OF 2025 (GM-CPC) BETWEEN:
1.
SRI N VENKATESH REDDY S/O SRI K G NARASIMHA REDDY AGED ABOUT 51 YEARS R/AT NO.689, 12TH CROSS, 26TH MAIN, SECTOR 1 HSR LAYOUT BENGALURU-560102 …PETITIONER (BY SRI. KALYAN R., ADVOCATE) AND:
1.
SMT. ROOPA W/O LATE SRI RAMESH BABU AGED ABOUT 40 YEARS
2.
SRI SHREYAS BALAREDDY S/O LATE SRI RAMESH BABU AGED ABOUT 22 YEARS
BOTH ARE RESIDING AT 1092 8TH CROSS, 19TH MAIN, SECTOR NO.1, NEAR CAMBRIDGE SCHOOL HSR LAYOUT, BENGALURU-560102 …RESPONDENTS/CAVEATOR (BY SRI. PRADEEP NAIK K., ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:29488 WP No. 6958 of 2025
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AND TO QUASH THE IMPUGNED ORDER DTD 21.02.2025 ON IA NO. 19 AND 20 FILED BY THE DEFENDANT UNDER ORDER 6 RULE 17 OF CPC AND UNDER ORDER 8 RULE 1-A(3) OF CPC IN OS NO.7/20214 PASSED BY THE 12TH ADDL. CITY CIVIL JUDGE AT BANGALORE (CCH-27) AS PER ANNX-A TO THE WP AND CONSEQUENTLY TO ALLOW IA NO.19 FILED UNDER ORDER 6 RULE 17 OF CPC AND IA NO. 20 FILED UNDER ORDER 8 RULE 1-A(3) OF CPC IN OS NO.7/2021 AS PER ANNX-G AND G-1 TO THE WP.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner-defendant is before this Court calling an question an order dated 21.02.2025 passed on I.A.Nos.19 and 20 rejecting the application of the petitioner seeking to amend the written statement in an application filed under Order VI Rule 17 of the CPC.
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HC-KAR NC: 2025:KHC:29488 WP No. 6958 of 2025
2. Heard Sri. Kalyan R., learned counsel appearing for the petitioner, Sri. Pradeep Naik K., larned cousne appearing for caveator/respondent Nos.1 and 2.
3.
Learned counsel, Sri. R. Kalyan, appearing for the petitioner would contend that after the filing of the present petition, evidence of the plaintiffs are let in and in the evidence, the plaintiffs have admitted execution of two agreements of sale and its cancellation. Those would have a bearing is the submission of the learned counsel for the petitioner.
4.
Learned counsel appearing for the plaintiffs would submit that those agreements indeed were executed and they are cancelled and there is no bearing on the subject suit i.e., O.S.No.7/2021. He would submit that the suit concerns the Agreement of Sale dated 27.12.2017 and a supplementary agreement dated 14.12.2018 and the matter is now at the stage of arguments. The arguments of the plaintiffs is complete and date is set for arguments of the defendant, the petitioner herein.
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HC-KAR NC: 2025:KHC:29488 WP No. 6958 of 2025
5. In that light, I deem it appropriate to dispose the petition, reserving liberty to the petitioner to urge all the
contentions at the time of his argument, date for which is fixed on 04.08.2025.
6. It is needless to observe that the concerned Court would consider these submissions also at the time of passing its orders.
7. Except the aforesaid observation and the relief that is to be granted to the petitioner, the petition does not warrant any interference.
8. The concerned Court shall pass necessary orders bearing in mind the observations made during the course of the
order.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 28