- 1 - HC-KAR NC: 2026:KHC:18182 WP No. 26352 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26352 OF 2025 (GM-CPC) BETWEEN: SRI P NARAYANA RAO (SINCE DECEASED) BY HIS LR SRI.Y.N.RAMACHANDRA RAO S/O. P.NARAYANA RAO AGED ABOUT 65 YEARS R/AT BANGARU RESIDENCY OPP. PRASANNA GANAPATHI TEMPLE HUDCO COLONY, MANIPAL UDUPI DISTRICT-576104. …PETITIONER (BY SRI. M SUDHAKAR PAI., ADVOCATE) AND: SRI.B.K.RAMANATH (SINCE DECEASED) BY HIS LRS 1. SMT. JALAJAKSHI W/O LATE.B.K.RAMANATH AGED ABOUT 67 YEARS R/AT DOOR NO.3-49/3 SHIVAKRIPA HOUSE, GANDHI NAGAR KAVOOR, MANGALURU - 575015. 2. SMT. THEJAKSHI W/O MANOHAR D/O LATE B.K.RAMANATH AGED ABOUT 42 YEARS R/AT DOOR NO.3-49/3 SHIVAKRIPA HOUSE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18182 WP No. 26352 of 2025 GANDHI NAGAR, KAVOOR MANGALURU - 575015. 3. SRI. B.K.PADMANABHA S/O. LATE. LINGU POOJARY AGED ABOUT 75 YEARS R/AT GUTHIGE HOUSE BANGARA KULUR, KULUR POST MANGALURU-575013. 4. SMT. JALAJAKSHI W/O LATE B.K.GANGADHARA AGED ABOUT 80 YEARS. 5. SRI. NAGESH S/O LATE B.K.GANGADHARA AGED ABOUT 58 YEARS. 6. MALATHI D/O LATE B.K.GANGADHARA AGED ABOUT 56 YEARS 7. SRI.JAGATHPAL S/O LATE. B.K.GANGADHARA AGED ABOUT 54 YEARS 8. KAMINI D/O LATE B.K.GANGADHARA AGED ABOUT 52 YEARS 9. PRABHAVATHI D/O LATE B.K.GANGADHARA AGED ABOUT 50 YEARS 10. SRI B K KISHORE S/O LATE B.K.GANGADHARA AGED ABOUT 48 YEARS 11. PRIYADARSHINI D/O LATE B.K.GANGADHAR AGED ABOUT 46 YEARS - 3 - HC-KAR NC: 2026:KHC:18182 WP No. 26352 of 2025 R4 TO R11 ARE R/AT BANGERA COMPOUND BOLOOR VILLAGE, ASHOKNAGAR KODICAL, MANGALORE-575006 (DK). …RESPONDENTS (BY SRI K ANANDARAMA, ADVOCATE FOR R4, R6 TO R11: SRI. K SHASHIKANTH PRASAD, ADVCOATE FOR R1 & R2: NOTICE TO R3 IS DISPENSED WITH V/O DATED: 12.03.2026 NOTICE TO R5 IS HELD SUFFICIENT V/O DATED 12.03.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, TO QUASH THE ORDER DATED: 1.07.2025 ON IA NO. 21 IN OS NO. 936/2018 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC MANGALURU D K VIDE ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-plaintiff No.1(a) has called in question the order dated 01.07.2025 passed by the Prl. Civil Judge and JMFC, Mangaluru, D.K. (for short ‘Trial Court’) on I.A.No.21 filed by defendant Nos.3 and 5 to 10 under Order VI Rule 17 of CPC, in O.S.No.936/2018, whereby the said application has been allowed. - 4 - HC-KAR NC: 2026:KHC:18182 WP No. 26352 of 2025 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiff filed a suit for declaration and permanent injunction. Upon service of summons, the defendants entered appearance through counsel and filed their written statements. Based on the pleadings, the Trial Court framed issues. When the matter was set down for evidence, defendant Nos.3 and 5 to 10 filed I.A. No.21 under Order VI Rule 17 of CPC seeking for amendment of their written statement. The Trial Court, by the impugned order dated 01.07.2025, allowed the said application. Aggrieved thereby, plaintiff No.1(a) has approached this Court. 4. Even though the plea sought to be introduced by way of an amendment was available to the defendants at the time of filing the written statement, the said application has been filed at a belated stage i.e., when the matter was - 5 - HC-KAR NC: 2026:KHC:18182 WP No. 26352 of 2025 set down for evidence. However, it is not a case wherein the Trial Court has permitted the defendants to withdraw any admissions already made in the written statement and neither has any prejudice been caused to the plaintiffs. Therefore, the Trial Court was justified in allowing the application. Accordingly, the writ petition is liable to be dismissed. Nevertheless, considering the delay and the fact that this is the third application filed by the said defendants seeking amendment of the written statement, it is appropriate to impose costs and conditions. 5. Accordingly, the following order is passed: ORDER a) The writ petition is dismissed. b) Defendant Nos.3 and 5 to 10 are directed to pay cost of Rs.25,000/- to the plaintiffs on the next date of hearing before the Trial Court. c) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as - 6 - HC-KAR NC: 2026:KHC:18182 WP No. 26352 of 2025 possible, not later than six months from the date of receipt of certified copy of this order. d) Parties are directed to co-operate for early disposal of the suit. e) The defendant Nos.3 and 5 to 10 shall not file any further applications seeking to amend the written statement. All pending I.As, if any, in this writ petition are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 80