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2026 DAILYLAW 25161 (KAR)

DIVISIONAL MANAGER v. SMT NAGARATHNA

WP/6125/2026 · 2026-06-25

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31777 WP No. 6125 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6125 OF 2026 (GM-AC) BETWEEN: DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED, OPP: OLD RTO OFFICE MYSURU. THROUGH ITS REGIONAL OFFICE MAHALAKSHMI CHAMBERS M.G.ROAD, BENGALURU-560 001 REGISTERED UNDER COMPANIES ACT VII OF 1913 REP. BY ITS ASSIST MANAGER …PETITIONER (BY SRI. ANUP SEETHARAM RAO, ADVOCATE) AND: 1. SMT. NAGARATHNA W/O SRI. CHANDRAHASA AGED ABOUT 44 YEARS RESIDENT OF AMBALARE VILLAGE AMBALARE POST, HARANAHALLI HOBLI PERIYAPATNA TALUK-571 102 2. SRI. NAGENDRA S/O SOMASHEKAR AGED ABOUT 40 YEARS R/O CHANNAKAL KAVAL VILLAGE PERIYAPATNA TALUK MYSURU DISTRICT-571 102 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31777 WP No. 6125 of 2026 3. SRI. DIVAKARA C.K S/O KUTTAPPA AGED ABOUT 43 YEARS SUNKADAHALLI VILLAGE, NILAVADI POST PERIYAPATNA TALUK MYSURU DISTRICT-571 102 …RESPONDENTS (BY SRI.KUMARA, ADVOCATE FOR R2 & R3; NOTICE TO R1 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 12.12.2025 AT ANNEX-E MADE ON IA NO. 11 FILED UNDER ORDER VI RULE 17 OF THE CPC IN MVC NO.1003/2022 BY THE HONBLE SENIOR CIVIL JUDGE, PERIYAPATNA AS PER ANNX-D AND TO ALLOW THE AMENDMENT SOUGHT FOR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Counsel Sri. Kumara, accepts notice for respondent Nos.2 and 3. Notice to respondent No.1 is dispensed with in view of the proposed order to be passed. 2. Petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2026:KHC:31777 WP No. 6125 of 2026 "a) to issue writ of certiorari quashing the Order dated 12.12.2025 at Annexure-E, made on I.A.No.11 filed under Order VI Rule 17 of the CPC in MVC No.1003/2022 by the Hon'ble Senior Civil Judge, Periyapatna, as per Annexure-O and to allow the amendment sought for, b) to grant such other relief to which the petitioner may be found entitled to under the circumstances of the case in the interest of justice." 3. What is the essential challenge in the order dated 12.12.2025 dismissing an application for amendment in I.A.No.11 filed under Order VI Rule 17 of the Code of Civil Procedure in MVC.No.1003/2022, learned Counsel for respondents submit that the said MVC No.1003/2022 has been disposed of by order dated 04.04.2026 rendering the above petition infructuous. 4. In that view of the matter, reserving liberty to the petitioner to agitate all contentions raised in the amendment application in appeal filed, if so permissible, petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE DL List No.: 1 Sl No.: 25