- 1 - HC-KAR NC: 2026:KHC:7257 WP No. 33448 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33448 OF 2025 (GM-CPC) BETWEEN: SRI. MAHADEVAIAH SON OF LATE PUTTAMADAIAH AGED ABOUT 59 YEARS RESIDENT OF BHOOHALLI VILLAGE, SINGARAJAPURA POST, VIRUPAKSHAPURA HOBLI, CHANNAPATNA-562 138 …PETITIONER (BY SRI. AKKIMANJUNATH GOWDA K., ADVOCATE) AND: 1. SRI. V. LOKESH SON OF VENKATANARASIMHAIAH, AGED ABOUT 32 YEARS RESIDENT OF ANKANAHALLI VILLAGE KOOTAGAL HOBLI, RAMANAGARA TALUK RAMANAGARA-562 159 2. SRI. MAHALINGAIAH SON OF LATE H.B.JOGAIAH MAJOR RESIDING AT 805/2229/2036 HUNESANAHALLI KAILANCHA HOBLI RAMANAGARA TALUK RAMANAGARA -562 119 SINCE DEAD BY HIS LRS 2(a) SMT. SUSHEELA WIFE OF LATE SRI MAHALINGAIAH AGED ABOUT 32 YEARS Digitally signed by MADHUSHREE H Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7257 WP No. 33448 of 2025 2(b) MUKESH SON OF LATE MAHALINGAIAH AGED ABOUT 14 YEARS 2(c) KUM. SHARANYA DAUGHTER OF SRI. MAHALINGAIAH AGED ABOUT 10 YEARS 2(b) AND (c) ARE SINCE MINORS AND THEY ARE REPTD. BY THEIR NEXT FRIEND, NATURAL GUARDIAN SMT. SUSHEELA RESIDING AT 805/2229/2036 HUNESANAHALLI, KAILANCHA HOBLI RAMANAGARA TALUK RAMANAGARA -562 119 AND ALSO AT NO.41, BETTADA THOPPALU, IJOOR LAYOUT, RAMANAGARA-562 159 …RESPONDENTS (BY SRI. M.D.BASAVANNA, ADVOCATE FOR R2(a) TO 2(c)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S. NO.144/2013 ON THE FILE OF THE PRINCIPAL JUNIOR CIVIL JUDGE, RAMANGARA AND SET ASIDE THE ORDER DATED 08.09.2025 VIDE ANNEXURE-A AND ALLOW THE IA NOS.19 FILED BY THIS PETITIONER IN OS NO.144/2013 ON THE FILE OF THE PRINCIPAL JUNIOR CIVIL JUDGE, RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:7257 WP No. 33448 of 2025 ORAL ORDER This petition by the plaintiff in O.S.No.144/2013 on the file of the Additional Civil Judge and JMFC, Ramanagara is directed against the impugned order dated 08.09.2025 whereby, the application - I.A.No.19 filed by the petitioner/plaintiff under Order VI Rule 17 read with Section 151 of CPC was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for respondent No.2(A-C) and perused the material on record. For the order proposed, notice to respondent No.1 is dispensed with. 3. A perusal of the impugned order will indicate that the same is contrary to well settled principles of law governing amendment of pleadings as enunciated by the Hon’ble Apex Court in the cases of LIC v. Sanjeev Builders (P) Ltd. - (2022) 16 SCC 1, Dinesh Goyal @ Pappu v. Suman Agarwal (bindal) & ors. - 2024 INSC 726 and a co-ordinate Bench of this Court at Dharwad Bench in the case of Shri Mohammadrafi and Anr., Vs. Bandenawaz and Ors – W.P.108512/2025 dated 16.12.2025 and - 4 - HC-KAR NC: 2026:KHC:7257 WP No. 33448 of 2025 the impugned order deserves to be set aside and amendment application filed by the petitioner deserves to be allowed. In the result, I pass the following:- ORDER i. The petition is hereby allowed. ii. Impugned order passed in O.S.No.144/2013 dated 08.09.2025 by the Additional Civil Judge and JMFC, Ramanagara, is hereby set aside. I.A.No.19 is hereby allowed. iii. Liberty is reserved in favour of the respondents to file additional written statement to the amended plaint. iv. The trial Court is directed to dispose of the suit as expeditiously as possible and within a period of one year from the date of receipt of a copy of this order. v. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MH/- List No.: 2 Sl No.: 34