- 1 - HC-KAR NC: 2026:KHC:24365 W.P. No.5068/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.5068/2022 (GM-CPC) BETWEEN: SRI. V. NAGARAJ S/O M. VISHWANATHAPPA AGED ABOUT 55 YEARS R/AT NO.7, BEEGAMADRE LANE M.T. STREET, CHIKPET BANGALORE 560053. …PETITIONER (BY SRI. CHANDRANATH ARIGA K, ADV.,) AND: 1. SMT. HLIMA BI AGED ABOUT 65 YEARS W/O LATE MOHAMMED ARIF R/AT NO.15 EX-SERVICEMEN COLONY R.T. NAGAR POST BANGALORE 560032. 2. SRI. SYED AHMED AGED ABOUT 45 YEARS S/O LATE SYED ZULFAKAR R/AT NO.81, 2ND CROSS 5TH MAIN, DINNUR R.T. NAGAR POST BANGALORE 560032. …RESPONDENTS (BY SMT. SUNITHA H. SINGH, ADV., FOR R1 & R2) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24365 W.P. No.5068/2022 THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER TO SET ASIDE THE ORDER DATED 13.01.2022 IN O.S.NO.4906/2011 PASSED BY THE XX ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE REJECTING I.A.NO.V ANNEXURE-M. ALLOW THE INTERIM APPLICATION I.A.NO.V AND PERMIT THE PETITIONER TO CARRY OUT THE AMENDMENT IN & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 13.01.2022 passed on IA.No.V in OS.No.4906/2011 by XX Additional City Civil and Sessions Judge, Bengaluru (for short 'the trial Court'). 2. Heard Sri.Chandranath Ariga K., learned counsel for the petitioner, Smt.Sunitha H. Singh, learned counsel for respondent Nos.1 ad 2 and meticulously perused the material available on record. 3. The petitioner/plaintiff filed a suit in OS.No.4906/2011 seeking relief of declaration, mandatory - 3 - HC-KAR NC: 2026:KHC:24365 W.P. No.5068/2022 injunction and permanent injunction against the respondents. The respondents entered appearance and filed a detailed written statement. Thereafter, the plaintiff filed an application seeking amendment of the plaint which came to be rejected by the trial Court. The plaintiff assailed the said order in WP.No.4756/2016 which came to be allowed subject to the condition that the plaintiff shall carry out the amendment and file amended plaint within a period of 6 weeks from the date of receipt of the copy of the order, as evident from the order dated 16.02.2021 passed in WP.No.4756/2016. However, the plaintiff could not file the amended plaint within the stipulated time. Hence, he filed an application seeking permission to carry out the amendment and to file the amended plaint. The said application came to be rejected by the trial Court under the impugned order. 4. It is to be noticed that the petitioner, in the affidavit filed in support of the application has made out the reasons for the delay as to why he could not file the - 4 - HC-KAR NC: 2026:KHC:24365 W.P. No.5068/2022 amended plaint within the stipulated time by showing the cause of pandemic COVID-19 and other circumstances. The trial Court, however, under the impugned order rejected the said application on the ground that it was filed beyond the stipulated time. It is also to be noticed that this Court vide order dated 16.02.2021 passed in WP.No.4756/2016 has allowed the IA for seeking amendment of the plaint by stipulating the time limit to file the said amendment. In the facts and circumstances of the case, the cause shown in the affidavit is required to be accepted by extending the time to amend the plaint and to file the amended plaint with a condition. 5. For the aforementioned reasons, the writ petition is allowed. The impugned order dated 13.01.2022 passed on IA.No.5 in O.S.No.4906/2011 by the XX Additional City Civil and Sessions Judge, Bengaluru is hereby set aside. Consequently, IA.No.5 filed by the petitioner under Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') is allowed. The petitioner - 5 - HC-KAR NC: 2026:KHC:24365 W.P. No.5068/2022 shall carry out the amendment and file the amended plaint on or before the next date of hearing, subject to condition that the petitioner shall pay costs of Rs.5,000/- to the respondents. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 11