- 1 - HC-KAR NC: 2026:KHC:33006 WP No. 23838 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 23838 OF 2021 (GM-CPC) BETWEEN: 1. SRI. GOVINDA CHARI S/O. DIVAKARA CHARI, AGED ABOUT 60 YEARS RESIDING AT WARD NO.26, M.B.C ROAD, CHIKKABALLAPURA TOWN - 562 101 2. SRI. BRAMACHARI, S/O. A. RUDRACHARI, AGED ABOUT 46 YEARS, RESIDING AT WARD NO.26, PANDURANGA SWAMY TEMPLE ROAD, CHIKKABALLAPURA TOWN-562101 …PETITIONERS (BY SRI. RAGHAVENDRA K., ADVOCATE) AND: 1. SRI. T.N. ANANDA, S/O. LATE. T.K. NARSIMIAH, AGED ABOUT 66 YEARS, RESIDING AT PRASHANTH NAGAR, BEHIND PATHI HOSPITAL, CHIKKABALLAPURA TOWN - 562 101 2. THE COMMISSIONER, C.M.C, CHIKKABALLAPUR TOWN-562101 …RESPONDENTS (BY SRI. D.G. CHINNAPPA GOWDA, ADVOCATE FOR SRI. B.N. ANANTHA NARAYAN, ADVOCATE FOR R1 SRI. L. VENKATARAMA REDDY, ADVOCATE FOR R2) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33006 WP No. 23838 of 2021 THIS WRIT PETITION IS FILED PRAYING TO QUASH THE ORDERS PASSED BY THE LEARNED 1ST ADDITIONAL CIVIL JUDGE AND JMFC AT CHIKKABALLAPURA ON THE FILE OF O.S.NO.532/2016 IN ORDER DTD.27.9.2021 ANNEXURE-A IN RESPECT OF IA UNDER ORDER VI RULE 17 R/W SECTION 151 OF CPC AND CONSEQUENTLY REJECT THE SAID IA AS PRAYED FOR IN THE OBJECTIONS FILED BY THE PETITIONERS TO THE SAID I.A. AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 27.09.2021 passed in O.S.No.532/2016 by I Additional Civil Judge and JMFC., Chickballapur (for short, ‘the trial Court’). 2. Heard Sri.Raghavendra K., learned counsel for the petitioner and Sri.D.G.Chinnappa Gowda, learned counsel for Sri.B.N.Anantha Narayan, learned counsel for respondent. 3. The respondent No.1-plaintiff has filed the suit in O.S.No.532/2016 against petitioners and respondent No.2 for the relief of permanent injunction. In the said - 3 - HC-KAR NC: 2026:KHC:33006 WP No. 23838 of 2021 suit, the petitioners, who are defendant Nos.1 and 2, have filed the written statement. Later, the plaintiff has filed an application under Order VI Rule 17 read with Section 151 of CPC seeking to delete para 2 of the plaint and sought insertion of certain paras as para 2, 2(a) to 2(d) as well as schedule. The affidavit accompanying the said application indicates that the plaintiff has stated that in a hurry to file the suit without looking into the relevant documents the suit was filed and when he has changed the counsel, the counsel has asked the plaintiff to furnish the documents and on verification of the documents he found that certain aspects were left out which he seeks to incorporate in the plaint. The said application was opposed by the petitioners-defendant Nos.1 and 2. The trial Court under the impugned order allowed the said application. 4. It is required to be noticed that by way of amendment the plaintiff intends to bring on record certain factual aspects based on the registered instrument between the parties with regard to the suit schedule - 4 - HC-KAR NC: 2026:KHC:33006 WP No. 23838 of 2021 property and the said narration of facts in the proposed amendment is in aid of the relief sought in the plaint. The plaintiff has also sought amendment to the schedule. In my considered view, the trial Court taking note of the fact that the proposed amendment is at the earliest stage of the proceedings and, that too, immediately after filing of the written statement the application is filed and thus, allowed the said application. I do not find any error or perversity in the finding of the trial Court calling for interference in this petition. 5. Hence, by permitting the petitioners-defendant Nos.1 and 2 to file additional written statement, the writ petition is dismissed. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 22