- 1 - HC-KAR NC: 2026:KHC:12253 WP No. 2622 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2622 OF 2026 (GM-CPC) BETWEEN: 1. SRI. G. HEMANNA S/O SRI. N. GANGANARASAIAH, AGED ABOUT 62 YEARS. R/AT NO.378/1, GANGOTRI COMPLEX, 8TH MILE STONE, HESARAGATTA CIRCLE, NH-4, BENGALURU 560-073 ALSO AT: SRI G.HEMANNA AGE ABOUT 62 YEARS S/O SRI N GANGANARASAIAH NO.119, "DEEPA HARSHA NILAYA", NELAGADARANAHALLI MAIN ROAD BENGALURU - 560073 …PETITIONER (BY SRI. KANTHARAJAPPA M G., ADVOCATE) AND: 1. SRI. GOVINDAPPA SINCE DEAD BY HIS LRS. DR.MANJULA.G, D/O LATE GOVINDAPPA, W/O DR. SANTHOSH, AGED ABOUT 53 YEARS, R/AT NO.212, 1 FLOOR, GOVINDAPPA GARDEN, 6TH MAIN. BHUVANESHWARINAGAR T. DASARAHALLI, BENGALURU-560-057. Digitally signed by PRIYANKA H M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12253 WP No. 2622 of 2026 2. SMT.LAKSHMI.G D/O LATE GOVINDAPPA, W/O SRI. ANJANA MURTHY, AGED ABOUT 50 YEARS. R/AT NO.212, GROUND FLOOR, GOVINDAPPA GARDEN, 6TH MAIN, BHUVANESHWARINAGAR, T.DASARAHALLI, BENGALURU-560-057. 3. SMT.PARVATHI.G D/O LATE GOVINDAPPA, W/O DR.JAYARAM, AGED ABOUT 47 YEARS, RESIDING AT 4TH FLOOR, MCC INFINITY APARTMENTS, NO. 32/B, 2ND CIRCULAR ROAD, DOLLARS SCHEME, NANJUNDESHWARA NAGAR, NANDINI LAYOUT, BENGALURU-560-096. 4. UKS LPG PVT.LTD HAVING ITS OFFICE AT NO.73, EAST PARK ROAD, 14TH CROSS NEAR MLA COLLEGE, MALLESHWARAM, BENGALURU-560-003 REPRESENTED BY ITS DIRECTORS UPENDRA SHENOY, S.R.SANJAY, NAMITHA SHETTY AND UDAYA SHETTY [REGISTERED UNDER THE MICRO SMALL AND MEDIUM ENTERPRISES DEVELOPMETN ACT 2006] …RESPONDENTS (BY SRI. SHIVAKUMARAPPA T C., ADVOCATE FOR R1 SRI.PRASANNA.D.P. ADV. FOR R2) THIS W.P. IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER PASSED BY THE LEARNED LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH 70) IN O.S.NO. 6351/2021 DTD. 03.01.2026 ON I.A.NO.4 PRODUCED AS ANNX-E TO THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:12253 WP No. 2622 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by defendant No.1 in O.S.No.6351/2021 is directed against the impugned order dated 03.01.2026 passed on I.A.No.4, whereby the said application filed by the petitioner/defendant No.1 seeking amendment of the written statement was rejected by the trial Court. 2. Heard learned counsel for the petitioner, learned counsel for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that respondent Nos.1 to 3/plaintiff Nos.1(a) to 1(c) instituted the aforesaid suit against the petitioner/defendant No.1 and respondent No.4/defendant No.2 for eviction/ejectment and for other reliefs in relation to suit schedule immovable property. The said suit is being contested by the defendants. After commencement of trial, the petitioner/defendant No.1 having filed the instant application seeking amendment of written statement, the same came to be rejected by the trial Court vide impugned order, which is assailed in the present petition. - 4 - HC-KAR NC: 2026:KHC:12253 WP No. 2622 of 2026 4. A perusal of the material on record including the impugned order will indicate that the trial Court failed to consider and appreciate that the proposed amendment was relevant and necessary for the purpose of adjudication of the issues in controversy between the parties. 5. Under these circumstances, in the light of the principles laid down by this Court in the case of Mohammed Rafi Vs. Bande Nawaz in W.P.No.108512/2025 dated 16.12.2025, I deem it just and appreciate to set aside the impugned order and allow I.A.No.4 and dispose of the petition by issuing certain directions. 6. In the result, the following: ORDER i) Petition is hereby allowed. ii) Impugned order dated 03.01.2026 passed on I.A.No.4 in O.S.No.6351/2021 by LXIX Additional City Civil and Sessions Judge, Bengaluru City is hereby set aside iii) I.A.No.4 filed by the petitioner/defendant No.1 seeking amendment of the written statement is hereby allowed. - 5 - HC-KAR NC: 2026:KHC:12253 WP No. 2622 of 2026 iv) Liberty is reserved in favour of the plaintiffs to file reply/rejoinder to the amended written statement of petitioner/defendant No.1. v) The trial Court is directed to proceed further and dispose of the suit within a period of six months from the date of receipt of a copy of this order. vi) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Pending Interlocutory applications, if any, stand disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 37