- 1 - HC-KAR CNR: KAHC010634472026 NC: 2026:KHC:52633 WP No. 29217 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29217 OF 2026 (GM-CPC) BETWEEN: 1. B.A. LOKESH S/O. LATE APPASWAMY GOWDA AGED ABOUT 71 YEARS, 2. B.J. VAGEESH S/O. B.A. JAGANNATH AGED ABOUT 42 YEARS BOTH ARE RESIDING AT B.M. ROAD, BALLUPETE VILLAGE AND POST SAKALESHAPURA TALUK PIN 573 214. …PETITIONERS (BY SRI. RAGHAVENDRA KATTIMANI M., ADVOCATE) AND: 1. MUNEER JHAN S/O LATE AMEER JHAN, AGED ABOUT 52 YEARS, 2. NABEEJHAN, S/O LATE AMEER JHAN, AGED ABOUT 56 YEARS, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010634472026 NC: 2026:KHC:52633 WP No. 29217 of 2026 3. FARJANA BHANU, W/O HABEEB JHAN, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT K.H. ROAD, BALLUPETE VILLAGE AND POST SAKALESHPURA TALUK - 573 214. 4. U.J. AJITH KUMAR S/O LATE JAYAPPA AGED ABOUT 50 YEARS PUSHPAGIRI TRADERS K.H. ROAD BALLUPETE VILLAGE AND POST SAKALESHAPURA TALUK - 573 214. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, B)SET ASIDE THE ORDER DATED 10.07.2026 PASSED ON I.A. NO. 6 IN O.S. NO. 215/2023 BY THE COURT OF THE CIVIL JUDGE AND J.M.F.C., PRL SAKALESAHPURA AT ANNEXURE -H AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR CNR: KAHC010634472026 NC: 2026:KHC:52633 WP No. 29217 of 2026 ORAL ORDER The present petition is filed impugning the order dated 10.07.2026 passed on I.A. No. VI, filed under Order VI Rule 17 of the CPC, whereby the application seeking amendment of the plaint has been allowed. 2. Learned counsel appearing for the petitioners submits that the amendment changes the scope of the suit and alters the stand taken by the plaintiffs. It is submitted that, if the amendment is permitted, it would change the nature of the suit and give rise to a new cause of action. 3. Considered the submissions made by learned counsel for the petitioners. 4. The suit was filed seeking a permanent injunction in respect of the suit schedule properties. It appears that an earlier injunction order was in force which was subsequently vacated, and the defendants therein proceeded to erect pillars and sheets over the suit schedule property, which they were sought to be restrained from doing by way of the injunction - 4 - HC-KAR CNR: KAHC010634472026 NC: 2026:KHC:52633 WP No. 29217 of 2026 application. The subsequent developments were sought to be brought on record by way of amendment to the plaint. 5. The amendment, in no manner, changes the nature of the suit or takes away any admission. The suit is stated to be at the stage of recording the evidence of the plaintiffs. The amendment, being necessitated by subsequent developments, would be necessary for the effective and comprehensive adjudication of the dispute in question. Accordingly, this Court finds no merit in the writ petition. The writ petition is, therefore, dismissed. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 20