- 1 - HC-KAR CNR: KAHC010295282022 NC: 2026:KHC:43239 W.P. No.13248/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13248/2022 (GM-CPC) BETWEEN: NAGARAJA S/O BASAVALINGAPPA AGED ABOUT 62 YEARS R/AT. RANGAPURA VILLAGE DODDAMAGGE HOBLI ARAKALAGUDU TALUK HASSAN DISTRICT-573142. …PETITIONER (BY SRI. VIJAY KUMAR T, ADV.,) AND: R.N. MANJUNATHA S/O LATE R.S. NINGAPPA AGED ABOUT 48 YEARS R/AT. RANGAPURA VILLAGE DODDAMAGGE HOBLI ARAKALAGUDU TALUK HASSAN DISTRICT-573142. …RESPONDENT (BY SRI. PRABHATH A.P. ADV., FOR SRI. SHIVAKUMAR P.R. ADV.,) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-A THAT THE ORDER DTD 23.05.2022 ON I.A.NO.VII UNDER ORDER VI RULE 16 AND 17 OF CPC, PASSED IN O.S.NO.137/2015 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, AT ARAKALGUD, CONSEQUENTLY ALLOW Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010295282022 NC: 2026:KHC:43239 W.P. No.13248/2022 THE APPLICATION NO.VII FILED UNDER ORDER 6 RULE 16 AND 17 BY THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY & 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 writ petition is filed challenging the order dated 23.05.2022 passed on I.A.No.VII in O.S.No.137/2015 by the II Additional Civil Judge and JMFC, Aarkalagud (for short, ‘the Trial Court’). 2. Heard Sri.Vijay Kumar T., learned counsel for the petitioner and Sri.Prabhath A.P., learned appearing on behalf of Sri.Shivakumar P.R., learned counsel for the respondent. 3. The respondent-plaintiff had filed a suit against the petitioner-defendant seeking the relief of declaration and possession. In the said suit, the defendant filed a written statement, the Trial Court framed the issues and - 3 - HC-KAR CNR: KAHC010295282022 NC: 2026:KHC:43239 W.P. No.13248/2022 the evidence in the suit commenced. At that stage, the defendant filed an application in I.A.No.VII under Order VI Rule 16 and 17 of the Code of Civil Procedure, 1908, seeking amendment to paragraph 7 of the written statement which was opposed by the plaintiff. The Trial Court, under the impugned order, rejected the said application. 4. It is to be noticed that in the amendment sought by the defendant, the defendant intended to convey that he is in possession and enjoyment of 7 acres 36 guntas of land in Sy.No.8. However, in the written statement, he had stated that he is in possession and enjoyment of 5 acres 10 guntas of land in Sy.No.8/1 and 6 guntas of land in Sy.No.8/3 and the said change sought in the extent of land is after the commencement of the trial. The Trial Court, taking note of the said fact, recorded the reasons that allowing such amendment would amount to permitting the defendant to withdraw the admissions on - 4 - HC-KAR CNR: KAHC010295282022 NC: 2026:KHC:43239 W.P. No.13248/2022 record and that the amendment is sought after the commencement of the trial and without due diligence. I do not find any reason to interfere with the order passed by the Trial Court. 5. Accordingly, I proceed to pass the following: ORDER The writ petition is devoid of merits and the same is hereby rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 25