- 1 - HC-KAR NC: 2025:KHC:29704 WP No. 10195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10195 OF 2025 (GM-CPC) BETWEEN: 1. SMT. DEVAMMA @ DEVI, AGED ABOUT 61 YEARS, W/O LATE KODANDARAMA, R/AT NO.16, 2ND CROSS, APPAIAH GARDEN, JOGUPALYA, ULSOOR, BENGALURU - 560 008. …PETITIONER (BY SRI. RAMESH K.S., ADVOCATE) AND: 1. SMT. GOWRAMMA, AGED ABOUT 53 YEARS, W/O LATE LAKSHMAIAH @ LAKSMANA, 2. SRI. LOKESH, AGED ABOUT 43 YEARS, S/O LATE LAKSHMAIAH @ LAKSHMANA, 3. SRI. NAGESH, AGED ABOUT 32 YEARS, D/O LATE LAKSHMAIAH @ LAKSHMANA, 4. SMT. MANJULA, AGED ABOUT 40 YEARS, D/O LATE LAKSHMAIAH @ LAKSHMANA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29704 WP No. 10195 of 2025 ALL ARE R/AT NO.728, HUTTING COLONY, DOMLUR, BENGALURU - 560 071. …RESPONDENTS (BY SRI. SOMASHEKARAIAH H.M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE ORDER DATED 11/02/2025 (ANNEXURE-E) PASSED BY THE OF XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-44) BENGALURU ON I.A. NO.5 IN O.S. NO.4014/2022 AND GRANT SUCH OTHER WRITS OR ORDERS OR DIRECTIONS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 11.02.2025, by which the concerned Court rejects the application filed by the petitioner-plaintiff seeking to amend the plaint. 2. Heard Sri.Ramesh K.S., learned counsel appearing for the petitioner, Sri.Somashekaraiah H.M., learned counsel - 3 - HC-KAR NC: 2025:KHC:29704 WP No. 10195 of 2025 appearing for the respondents and have perused the material on record. 3. The concerned Court notices the fact that the amendment has the effect of changing the nature of the claim of the petitioner, which is sought to be filed after the completion of the cross-examination and at the fag end of the trial. The concerned Court notices the purport of the Proviso to Rule 17 of the Code of Civil Procedure and holds that the petitioner-plaintiff has not exercised due diligence in bringing in all the facts at the time of institution of the suit. The suit being at an advance stage, the application would not be maintainable as the contents of the application would change the nature of the suit. 4. The perusal at the order of the concerned Court would indicate it being rendered on cogent reasons, which would not entail any interference at the hands of this Court at this stage. - 4 - HC-KAR NC: 2025:KHC:29704 WP No. 10195 of 2025 5. However, learned counsel to the petitioner submits that he may be permitted to urge these contentions at the appropriate time before the concerned Court. The submission would merit acceptance. 6. Petitioner is at liberty to urge the contentions that are advanced in the application seeking amendment at the appropriate stage before the concerned Court. With the aforesaid observation, petition stands disposed without interfering with the order impugned. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 14