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2026 DAILYLAW 17028 (KAR)

MUSTHAQ AHMED v. SRI.C. SURENDRA

WP/1722/2026 · 2026-02-20

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:10668 WP No. 1722 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1722 OF 2026 (GM-CPC) BETWEEN: MUSTHAQ AHMED S/O LATE MOHAMMED GHOUSE AGED ABOUT 63 YEARS R/O NO.4, 1ST CROSS, 1ST MAIN MUNIVEERAPPA LAYOUT SHAMPURA, BANGALORE NORTH. …PETITIONER (BY SRI. D P MAHESH.,ADVOCATE) AND: SRI.C. SURENDRA S/O LATE CHIKKAVENKATARAYAPPA AGED ABOUT 66 YEARS R/O 1ST DIVISION, VAPASANDRA CHIKKABALLAPURA CITY AND DISTRICT. …RESPONDENT (BY SRI. UNNIKRISHNAN.M, ADVOCATE FOR SRI. SURESHA.C., ADVOCATE FOR C/R) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH THE ORDER DATED 07.01.2026 PASSED ON IA NO. 18 IN OS NO. 265/2021 BY THE LD. PRL. CIVIL JUDGE AND JMFC AT CHIKKABALLAPURA REJECTING IA NO. 18 FILED FOR AMENDMENT OF WRITTEN STATEMENT VIDE ANNX-A TO THE WP. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10668 WP No. 1722 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant in O.S.No.265/2021 is directed against the impugned order dated 07.01.2026, whereby the application I.A.No.18 filed by the petitioner under Order 6 Rule 17 of CPC to amend the written statement was rejected by the trial court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. Learned counsel for both sides jointly submit that the impugned order may be set aside and the application may be allowed, subject issuing directions to the trial court for disposal of the suit within a stipulated timeframe. The said joint submission is placed on record. 4. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 07.01.2026 passed on I.A.No.18 in O.S.No.265/2021 by the trial court is hereby set aside. - 3 - HC-KAR NC: 2026:KHC:10668 WP No. 1722 of 2026 (iii) I.A.No.18 filed by the petitioner under Order 6 Rule 17 CPC for amendment of written statement is hereby allowed. (iv) Petitioner is permitted to file the written statement and shall carryout amendment on the next date of hearing of the suit, which stands posted on 11.03.2026, on which date, the respondent – plaintiff shall file rejoinder / reply, if any, to the amended written statement. (v) Immediately upon the petitioner filing the amended written statement and the respondent – plaintiff filing rejoinder / reply, if any, the trial court shall frame additional issues, if any and proceed further and dispose of the suit on or before 30.04.2026. (vi) All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.