- 1 - HC-KAR NC: 2026:KHC:17929 WP No. 6150 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6150 OF 2025 (GM-CPC) BETWEEN: 1. NARASIMHAMURTHY SINCE DEAD BY LRS BHAGYAMMA W/O LATE NARASIMHAMURTHY AGED ABOUT 46 YEARS. 2. TRIVENI D/O LATE NARASIMHAMURTHY AGED ABOUT 28 YEARS. 3. NANDANA D/O LATE NARASIMHA MURHY AGED ABOUT 25 YEARS. 4. VIJAYASHANKAR S/O CHIKKANARASIMHAIAH AGED ABOUT 41 YEARS. PETITIONER NOS. 1 TO 4 ARE R/O KOTEBEEDI KORATAGERE TOWN – 572 129. TUMAKURU DISTRICT …PETITIONERS (BY SRI VIVEK S, ADV.) AND: 1. JAYAMMA W/O LATE K.N. NAGARAJ Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17929 WP No. 6150 of 2025 AGED ABOUT 56 YEARS. 2. MADHUSUDHAN S/O LATE K.N. NAGARAJ AGED ABOUT 36 YEARS. RESPONDENT NOs. 1 AND 2 ARE R/O KOTEBEEDI KORATAGERE TOWN TUMAKURU DISTRICT – 572 129. 3. SOWMYA D/O LATE NARASIMHAMURTHY AGED ABOUT 27 YEARS R/AT KOTEBEEDI KORATAGERE TOWN – 572 129 TUMAKURU DISTRICT. …RESPONDENTS (BY SRI BALAGANGADHAR G.S, ADV. FOR R) & R@ THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER DTD 15.01.2025 PASSED ON IA NO. 1/2024 IN OS NO. 112/2014 BY THE HON’BLE CIVIL JUDGE AND JMFC KORATAGERE (PRODUCED AS ANNX-A) TO THE INSTANT PETITION AND CONSEQUENTLY ALLOW IA NO. 1/2014 FILED BY THE PETITIONER IS OS NO. 112/2014. 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 petitioners–plaintiffs (except plaintiff No.1(c)) have called in question the order dated 15.01.2025 passed on I.A.No.1/2024 in O.S.No.112/2014 - 3 - HC-KAR NC: 2026:KHC:17929 WP No. 6150 of 2025 by the Civil Judge and JMFC, Koratagere (hereinafter referred to as the ‘Trial Court’ for short), whereby the application filed by the said petitioners–plaintiffs under Order VI Rule 17 of CPC has been dismissed. 2. The plaintiff had filed a suit for bare injunction. Upon service of summons, the defendants appeared through counsel and filed their written statement on 20.10.2014. At the fag end of the proceedings, and after a lapse of more than 10 years, the said application came to be filed on 18.12.2024 seeking amendment of the prayer. The same came to be dismissed by the impugned order dated 15.01.2025. Being aggrieved by the same, the present writ petition has been filed. 3. Learned counsel appearing for the respondents– defendants submits that the amendment sought by the plaintiffs, seeking relief of declaration, is barred by limitation and, therefore, cannot be allowed at this stage, that too after a lapse of 10 years. To substantiate the said contention, reliance is placed on the judgment of the Apex - 4 - HC-KAR NC: 2026:KHC:17929 WP No. 6150 of 2025 Court in Revajeetu Builders and Developers vs. Narayanaswamy and Sons and Others, reported in (2009) 10 SCC 84. 4. Per contra, learned counsel appearing for the petitioners submits that the amendment application can be allowed from the date on which it has been filed and that, insofar as limitation is concerned, the same can be framed as an issue in the suit itself. 5. Since the application was filed on 18.12.2024 seeking amendment of the prayer, the same can be allowed, subject to the condition that the amendment shall be treated as having been made from the date of the application, i.e., 18.12.2024. Hence, the following order is passed: ORDER a) The writ petition is disposed of. - 5 - HC-KAR NC: 2026:KHC:17929 WP No. 6150 of 2025 b) The impugned order dated 15.01.2025 passed on I.A.No.1/2024 in O.S.No.112/2014 by the Trial Court is hereby set aside. c) I.A.No.1/2024 filed by the plaintiffs under Order VI Rule 17 of CPC is hereby allowed, subject to the condition that the amendment shall be considered from the date on which the said application has been filed, i.e., 18.12.2024. d) Insofar as limitation is concerned, the Trial Court is directed to frame an issue with regard to limitation and decide the same in accordance with law. e) The respondents are permitted to file an additional written statement. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 61