- 1 - HC-KAR NC: 2026:KHC:9982 WP No. 22736 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22736 OF 2024 (GM-CPC) BETWEEN: MOHAN KUMAR K P SON OF LATE MR. K.M. PRABHAKAR REDDY AGED ABOUT 38 YEARS PRESENTLY R/AT NO. 422, 2 CROSS, 17TH MAIN, 3RD BLOCK. KORAMANGALA, BANGALORE 560 034. …PETITIONER (BY SRI.UDAY HOLLA, SR.ADVOCATE FOR SRI. VENKATESH S ARBATTI., ADVOCATE) AND: 1. M/S DAYA ASSOCIATES AN ASSOCIATION OF PERSONS (AOP) HAVING ITS REGISTERED OFFICE AT NO. 653, 3RD BLOCK, KORAMANGALA BANGALORE-560 034. REP. BY ITS PARTNER 2. MR. AKARSH S. SON OF MR. H.R.S.REDDY AGED ABOUT 46 YEARS PARTNER M / S DAYA ASSOCIATES (AOP) NO.564, 16TH MAIN, 4TH CROSS, 3RD BLOCK, KORAMANGALA BANGALORE-560 034 ALSO AT NO. 41, KASTURBA ROAD CROSS BANGALORE 560 001 3. MRS. DAYANANDINI K.P. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9982 WP No. 22736 of 2024 D/OF LATE MR.K.M.PRABHAKAR REDDY AGED ABOUT 42 YEARS, PARTNER M / S DAYA ASSOCIATES (AOP) NO.564, 16TH MAIN, 4TH CROSS, 3RD BLOCK, KORAMANGALA, BANGALORE-560 034. ALSO AT NO. 41, KASTURBA ROAD CROSS, BANGALORE - 560 001 4. MR. K.M.MUNISWAMY REDDY SON OF LATE MR. K.M.MUNI REDDY AGED ABOUT 57 YEARS PARTNER M/S. DAYA ASSOCIATES (AOP) NO.85/2, 17TH CROSS, 24TH MAIN, VANGANAHALLI, 1 SECTOR, HSR LAYOUT, BANGALORE-560 034 5. M/S. MRKR CONSTRUCTIONS AND INDUSTRIES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO.8-2-268/1/D/A, PLOT NO. 7 AURORA COLONY, ROAD NO. 3, BANJARA HILLS, HYDERABAD-500 034. REP. BY ITS DIRECTOR MR. MEDA VENKAT RAM REDDY 6. MR. MEDA VENKAT RAM REDDY FATHER'S NAME NOT KNOWN TO THE PLAINTIFF MAJOR C/O. M/S. MRKR CONSTRUCTIONS AND INDUSTRIES PVT. LTD., NO.8-2-268/1/D/A, PLOT NO. 7, AURORA COLONY, ROAD NO. 3, BANJARA HILLS, HYDERABAD-500 034 7. M/S. ANUSHKA CONSTRUCTIONS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO. 100/1, CITY CENTER, OPP. TOWN HALL, JC ROAD, BANGALORE-560 002. REP. BY ITS DIRECTOR MR. AVNASHAMARLAL - 3 - HC-KAR NC: 2026:KHC:9982 WP No. 22736 of 2024 8. MR. AVNASHAMARLAL FATHER'S NAME NOT KNOWN TO THE PLAINTIFF MAJOR C/O. M/S. ANUSHKA CONSTRUCTIONS PVT. LTD., NO. 100/1, CITY CENTER, OPP. TOWN HALL, JC ROAD, BANGALORE 560 002. …RESPONDENTS (BY SRI. DEEPAK B., ADVOCATE FOR R1 TO R3; SRI.DHANANJAY JOSHI, ADVOCATE FOR SRI.SANDEEP LAHIRI, ADVOCATE AND SMT.DEEPIKA JOSHI, ADVOCATE FOR R4; SRI.S.V.GIRIDHAR, ADVOCATE FOR R5 AND R6; SRI.AJESH KUMAR SHANKAR, ADVOCATE FOR R7 AND R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE ORDER DTD 18.07.2024 PASSED BY THE LEARNED X ADDL.DISTRICT AND SESSION JUDGE(DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU ON I.A.NO.III UNDER ORDER VIII RULE 9 READ WITH SECTION 151 OF CPC ANNEXURE-C AND ALLOW THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff is directed against the impugned order dated 18.07.2024 passed in Com.O.S.No.438/2023 by the X Addl. District and Sessions Judge (Commercial Court), Bengaluru (for short “the Trial Court”), whereby the application filed by the petitioner-plaintiff under Order VIII Rule 9 CPC seeking - 4 - HC-KAR NC: 2026:KHC:9982 WP No. 22736 of 2024 leave/permission to file a rejoinder/reply to the written statement was rejected by the Trial Court. 2. After arguing the matter for sometime, learned Senior counsel for the petitioner submits that the present petition may be disposed of reserving liberty in favour of the petitioner to file a fresh/new application for amendment under Order VI Rule 17 CPC, which may be directed to be considered by the Trial Court in accordance with law, without reference to the proviso to Order VI Rule 17 CPC, since the instant application was filed prior to commencement of trial and without being influenced by the findings and observations recorded in the impugned order. 3. The said submission is placed on record. 4. The petition stands disposed of reserving liberty in favour of the petitioner to file a fresh/new application under Order VI Rule 17 CPC for amendment of the plaint. If the petitioner files such an application, the Trial Court shall provide an opportunity to the respondents to file objections to the said application and the Trial Court shall dispose of the said application without reference to - 5 - HC-KAR NC: 2026:KHC:9982 WP No. 22736 of 2024 the proviso to Order VI Rule 17 CPC and without being influenced by the findings and observations recorded in the impugned order. 5. Subject to the aforesaid directions and reserving liberty in favour of the petitioner, petition stands disposed of leaving open all contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 31