- 1 - HC-KAR NC: 2026:KHC:17927 WP No. 6368 of 2026 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. 6368 OF 2026 (GM-CPC) BETWEEN: SRI B. SHIVAJI RAO S/O M. BIKKOJI RAO SANDHE AGED ABOUT 84 YEARS R/A 171, 7TH CROSS T G EXTENSION, HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 114. …PETITIONER (BY SRI RAJESH GOWDA, ADV.) AND: SRI B. NANJAPPA S/O BALAPPA AGED ABOUT 72 YEARS AGRICULTURIST R/AT CHIKKA THIRUPATHI VILLAGE MALUR TALUK – 563 130. …RESPONDENT (BY SMT. NEERAJA KARANTH, ADV., FOR SRI. DINESH S, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT Of NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION THEREBY QUASHING THE ORDER DATED 16.02.2026, PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT KOLAR, IN OS NO. 545/2023, PASSED ON IA-VI, UNDER ORDER 6 RULE 17 READ WITH SECTION 151 OF CPC, FOR AMEND THE WRITTEN STATEMENT, VIDE ANNEXURE-A., BY ALLOWING THE IA-VI, BY ALLOWING THE ABOVE PETITION. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17927 WP No. 6368 of 2026 THIS PETITION, COMING ON FOR FINAL HEARING, 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-defendant has called in question the order dated 16.02.2026 passed by the I Additional Senior Civil Judge and CJM, Kolar (hereinafter referred to as ‘Trial Court’ for short) in O.S.No.545/2023 on I.A.No.VI filed under Order VI Rule 17 read with Section 151 of CPC, whereby, the said application seeking for amendment of the written statement has been rejected. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The respondent-plaintiff has instituted a suit for specific performance of contract. On appearance, the defendant filed a written statement. Based on the pleadings, the Trial Court framed issues and the matter - 3 - HC-KAR NC: 2026:KHC:17927 WP No. 6368 of 2026 was set down for evidence. At that stage, the defendant filed I.A.No.VI under Order VI Rule 17 r/w. Section 151 of the CPC seeking amendment of the written statement, to contend that the suit is barred by limitation and hence, is not maintainable. The Trial Court, by the impugned order dated 16.02.2026, rejected the said application. Being aggrieved, the present writ petition has been filed. 4. Learned counsel for the respondent–plaintiff submitted that no issues have been framed with regard to limitation and that the suit is filed within time. 5. Be that as it may, it is well settled that amendments to pleadings should be liberally allowed to ensure that the real controversy between the parties is effectively adjudicated. In the present case, although the application for amendment has been filed at a belated stage, the petitioner-defendant is not seeking to withdraw any admission already made in the written statement. The proposed amendment appears to be necessary for proper - 4 - HC-KAR NC: 2026:KHC:17927 WP No. 6368 of 2026 adjudication of the dispute and does not introduce a completely new or inconsistent case. Furthermore, allowing the amendment would not cause any prejudice to the plaintiff, as the plaintiff will have an opportunity to contend the amended pleadings. Mere delay, in the absence of serious prejudice, is not a sufficient ground to reject an application under Order VI Rule 17 of CPC. Therefore, the Trial Court was not justified in rejecting the application. Hence, the following order is passed: ORDER a) The writ petition is allowed. b) The impugned order dated 16.02.2026 passed by the Trial Court on I.A.No.VI filed under Order VI Rule 17 of CPC in O.S.No.545/2023, is hereby set aside. - 5 - HC-KAR NC: 2026:KHC:17927 WP No. 6368 of 2026 c) I.A.No.VI filed under Order VI Rule 17 of CPC for amendment of the written statement is hereby allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 70