- 1 - HC-KAR CNR: KAHC010482042019 NC: 2026:KHC:38030 W.P. No.50838/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.50838/2019 (GM-CPC) BETWEEN: JAGJEETH SINGH SETHI AGED ABOUT 48 YEARS S/O GURMUKH SINGH SETHI RESIDING AT SATGURUDAYAL NO.15, 1ST MIAN ROAD, GMR LAYOUT GEDDALAHALLI, RMV 2ND STAGE BANGALORE-560094. …PETITIONER (BY SRI. HARSHA KUMAR GOWDA H.R. ADV.,) AND: 1. SMT. SUNANDAMMA AGED ABOUT 83 YEARS W/O LATE SADASHIVA BHAT. 2. 2(a) 2(b) SMT. VASANTHI BHAT AGED ABOUT 61 YEARS W/O DR. KRISHNARAJA BHAT. RESPONDENT NOS.1 & 2 SINCE DECEASED BY LR’S. DR. KRISHNARAJA BHAT S/O K. RANGANNA BHAT AGED ABOUT 69 YEARS. DR. LAKSHMI PRAKASH BHAT S/O DR. KRISHNARAJA BHAT Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010482042019 NC: 2026:KHC:38030 W.P. No.50838/2019 2(c) 2(d) AGED ABOUT 44 YEARS. DR. LAKSHMI PRASAD BHAT S/O DR. KRISHNARAJA BHAT AGED ABOUT 43 YEARS. RESPONDENT NOS.2(a) TO 2(c) ARE R/AT. NO.3-149, SRINIDHI SRI. DURGA ESTATES PADU ALEVOOR POST UDUPI – 574118. SMT. PRATHIMA PANGANANYA D/O DR. KRISHNARAJA BHAT AGED ABOUT 40 YEARS R/AT. NO.C/701 LAXMINARAYANA COMPLEX SECTOR 12-A, PLOT – 3 KOPAR KHAIRNE THANA NAVI MUMBAI – 400709. 3. K. NARASARAJU AGED ABOUT 60 YEARS S/O SRI. RAMACHANDRA RAJU 24/A, NEW BEL ROAD (BEHIND SAGAR SAMRAT HOTEL) RMV II STAGE, DEVASANDRA BANGALORE-560094. 4. SMT. K. KANTHA AGED ABOUT 54 YEARS W/O K. NARASARAJU 24/A, NEW BEL ROAD (BEHIND SAGAR SAMRAT HOTEL) RMV II STAGE, DEVASANDRA BANGALORE-560094. 5. R.A. PRADEEP AGED ABOUT 38 YEARS S/O R. AMBIKAPATHI - 3 - HC-KAR CNR: KAHC010482042019 NC: 2026:KHC:38030 W.P. No.50838/2019 3/8, 2ND CROSS, GANESH BLOCK SULTANPALYA, R.T.NAGAR POST BANGALORE-560032. …RESPONDENTS (BY SRI. HARIKRISHNA S. HOLLA, ADV., FOR LR’S OF R1 V/O/DTD:25.09.2021, NOTICE TO R3 & R4 STANDS WAIVED V/O/DTD:16.7.2026, NOTICE TO R2(d) IS H/S R5, R2(a), R2(b), R2(c) ARE SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.18.9.2019 PASSED BY THE HON'BLE XXVII ADDL CITY CIVIL SESSIONS JUDGE (CCH NO.29) MAYO HALL, BANGALORE IN O.S.NO.26609/2007 AT ANNEXURE.A & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 18.09.2019 passed on IA.No.1/2019 in OS.No.26609/2007 by the XXVIII Additional City Civil and Session Judge, Mayo Hall, Bengaluru (CCH-29) (for short 'the trial Court'). 2. Heard the learned counsel appearing for the petitioner, the learned counsel for the respondents and meticulously perused the material available on record. - 4 - HC-KAR CNR: KAHC010482042019 NC: 2026:KHC:38030 W.P. No.50838/2019 3. The respondent Nos.1 and 2 filed OS.No.26609/2007 seeking relief of permanent injunction against the defendants, their servants etc., from alienating and disposing of the suit schedule property in favour of any third party by way of sale, gift, mortgage or any other mode of conveyance and further relief of permanent injunction against the defendants from demolishing and putting up any construction in the suit schedule property. The defendant Nos.1, 2 and 4 filed their written statements. Thereafter, the plaintiff adduced the evidence. At the stage of defendants’ cross-examination, the plaintiff filed an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short 'CPC') seeking amendment of the plaint to incorporate an additional prayer for recovery of possession of the suit schedule property and to set aside the GPA dated 18.01.1991 as null and void. The said application was opposed by defendant No.4. The trial Court, under the impugned order allowed the application, holding that the relief of possession of the suit schedule - 5 - HC-KAR CNR: KAHC010482042019 NC: 2026:KHC:38030 W.P. No.50838/2019 property would come into effect from the date of filing of the amendment application and for the relief of setting aside the GPA as null and void would come into effect from the date of plaint. 4. A perusal of the affidavit accompanying the application indicates that the plaintiff sought the relief of possession, as the plaintiff came to know that defendant No.4 was likely to put up a construction in the suit schedule property, and based on the forged GPA dated 18.01.1991, he may further create certain documents. The trial Court, considering the aforesaid aspects and taking note of the fact that the reliefs now sought in the amended application are in aid of the existing prayers and the pleadings, allowed the application. 5. It is required to be noticed that the impugned order of the trial Court is required to be upheld without interfering with the clarification that the proposed amendment to the plaint would come into effect from the - 6 - HC-KAR CNR: KAHC010482042019 NC: 2026:KHC:38030 W.P. No.50838/2019 date of filing of the amendment application and not from the date of filing of the suit. Defendant No.4 is permitted to file an additional written statement, if any, to the amended plaint by raising necessary objections with regard to the limitation and court fee. With the aforesaid modification, the writ petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 20