- 1 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.281 OF 2026 (GM-CPC) BETWEEN: SRI. A MOHAMMED RASOOL @ MUJEEB PASHA S/O LATE AMEER JAN, AGED ABOUT 56 YEARS, PRESENTLY R/AT DOOR NO.1174, 35TH 'C' CROSS, 26TH MAIN, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU – 560 041. …PETITIONER (BY SRI. K. VIJAYA KUMAR, ADVOCATE) AND: 1. BASHA SAB @ SHAIKH BASHA S/O MASTHANSAB, AGED ABOUT 75 YEARS, 2. AMIRJAN SAB S/O MASTHANSAB, AGED ABOUT 79 YEARS, RESPONDENTS NO.1 AND 2 ARE R/AT NO.359, “A” STREET 1st MAIN ROAD, HOSAGUDDADAHALLI BENGALURU – 560 026. ABEEN SAB @ SHYED ABEEB SINCE DEAD BY HIS LRS 3. SRI BABA S/O SYED HABEEB SAB @ HABEEB SAB, AGED ABOUT 48 YEARS. 4. SRI MAHABOOP PASHA S/O SYED HABEEB SAB @ HABEEB SAB, AGED ABOUT 46 YEARS. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 5. SRI NAYAZ S/O SYED HABEEB SAB @ HABEEB SAB, AGED ABOUT 41 YEARS, R-3 TO R-5 ARE R/AT GARUDUGAMABA BEEDI, CHANNAPATNA TOWN, BENGALURU SOUTH DISTRICT-562 160. 6. SABU SAB @ SHEIK SAB, S/O MASTHANSAB, AGED ABOUT 73 YEARS RESIDING AT NO.359, “A” STREET, 1ST MAIN ROAD, HOSAGUDDADAHALLI, BENGALURU-560 026. 7. ZAIBUN BI W/O LATE ABDUL SHAUKAR, AGED ABOUT 65 YEARS 8. ANSAR PASHA S/O LATE ABDUL SHAUKAR, AGED ABOUT 48 YEARS 9. ALLA BAKASH S/O LATE ABDUL SHAUKAR, AGED ABOUT 45 YEARS, 10. NAYAZ PASHA S/O LATE ABDUL SHAUKAR, AGED ABOUT 40 YEARS, 11. MOLIN D/O LATE ABDUL SHAUKAR, AGED ABOUT 42 YEARS, 12. BASHA BHAI @ MAHABOOB PASHA, S/O LATE MASTHAN SAB @ SABA SAB, AGED ABOUT 65 YEARS, 13. ANWAR BASHA, S/O LATE MASTHAN SAB @ SABA SAB, AGED ABOUT 55 YEARS. 14. ASGHAR PASHA, S/O LATE MASTHAN SAB @ SABA SAB, AGED ABOUT 40 YEARS. - 3 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 15. MUKHATAR PASHA, S/O LATE MASTHAN SAB @ SABA SAB, AGED ABOUT 40 YEARS, 16. TANVEER PASHA, S/O BASH BHAI @ MAHABOOB PASHA, AGED ABOUT 20 YEARS, 17. AFSAR PASHA, S/O ASGAR PASHA, AGED ABOUT 20 YEARS, R-7 TO R-17 ARE R/AT BETTADASANAPURA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BENGALURU-560 068. 18. SYED HANIF S/O SYED UMMER, AGED ABOUT 42 YEARS. 19. S SARDAR S/O SYED UMMER, AGED ABOUT 32 YEARS. R-18 & R-19 ARE R/AT NO.82, 7TH CROSS, MASJID ROAD BISMILLA NAGAR BENGALURU – 560 029. 20. ABDUL SALAM S/O LATE ABDUL SUBAN, AGED ABOUT 40 YEARS, RESIDING AT NO.73/3, 7TH CROSS, MASIJID ROAD, BISMILLA NAGAR, BANGALORE -560 029. 21. SMT. SARIKA, W/O MAHENDRA KUMAR K.G., AGED ABOUT 34 YEARS, R/AT NO.119, KANTHA BUILDING, BETTADASANAPURA BUS STOP, BENGALURU-560 068. - 4 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 22. MR MAHENDRA KUMAR G L S/O LAKSHMINARAYANA K G AGED ABOUT 49 YEARS, R/AT NO.119, KANTHA BUILDING, BETTADASANAPURA BUS STOP, BENGALURU-560 068. 23. SRI. ASIF AHMED, S/O TAJUDDIN, AGED ABOUT 59 YEARS, R/AT NO.3777, KARISANDRA, KAVERINAGAR, BANASHANKARI 2ND STAGE, BANGALORE-560 070. 24. SMT. YARRADONDA RAMALAKSHMI, W/O YARRAGONDA VENKATA RAMANA REDDY, AGED ABOUT 45 YEARS, R/AT NO.2-33, BANDRA PALLI, TAVALAMARRI, ANANTAPURA, ANDHRA PRADESH-515 551. 25. SMT. NAGAJYOTHI, D/O PRASAD REDDY, AGED ABOUT 31 YEARS, R/AT PALLAVANDLAPALLI TALUPULA, ANANTAPURA, ANDHRA PRADESH-515 581. 26. SMT. PUSHPA.P, D/O G. PERUMAL, AGED ABOUT 30 YEARS, R/AT NO. 29, KATERAMMA TEMPLE, KOTHNUR DINNE, J.P. NAGAR, BANGALORE-560 078. 27. SRI. A.M FAYAZ, S/O A. AMEERJAN AGED ABOUT 54 YEARS, R/AT NO.303, APR ENCLAVE, D.C. HALLI MAIN ROAD, OPP D MART, KODICHIKKANAHALLI, BANGALORE-560 068. 28. SRI. VINAY KUMAR.R., S/O V. RAMASWAMY, - 5 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 AGED ABOUT 30 YEARS, R/AT NO.20, KENGAL HANUMANTHAIAH LAYOUT, 1ST MAIN, 2ND CROSS, THAVEREKERE, BTM 1ST STAGE, NEAR NIRAJAN APARTMENTS, BANGALORE-560 029. 29. SRI. CHAN PASHA., S/O ABDUL BASHEER, AGED ABOUT 47 YEARS, R/AT NO.17, 12TH CROSS, NEAR NOOR MASJID, MUNESHWARA NAGAR, OLD MANGAMANAPALYA ROAD, BOMMANAHALLI, BANGALORE-560 068. 30. SRI. AKRAM., S/O ABDUL GANI, AGED ABOUT 70 YEARS. 31. MRS WAHEEDA SULTANA D/O AKRAM AGE ABOUT 32 YEARS R-20 TO R-31 ARE R/AT NO.G1, K & T SAI SARASWATHI SWAGRUHA, 14TH CROSS, NEELADRI NAGAR, OPP. AJMIRA INFINITY ELECTRONIC CITY PHASE-I, DODDATHOGURU, BANGALORE-560 100. 32. MR. S.R SIKINDAR BABU, S/O RAJA SAHEB, AGED ABOUT 37 YEARS. 33. SMT A RESHMA SULTANA W/O S R SIKINDAR BABU AGED ABOUT 33 YEARS. RESPONDENT NO. 31 AND 32 ARE R/AT NO.304, VASAVI RICH, 14TH CROSS, NEELADRI NAGAR, OPP AJMIRA INFINITY ELECTRONIC CITY PHASE-I DODDATHOGURU, BANGALORE-560 100. - 6 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 34. SMT. KAWAL NAZ, W/O AFZAL, AGED ABOUT 31 YEARS, R/AT NO.13/1, 8TH 'C' MAIN ROAD, GURAPANAPALYA, BANGALORE-560 029. 35. SRI SETTU M S/O MANI AGE ABOUT 36 YEARS R/AT 78/61 3RD CROSS, 2ND MAIN ROAD KAVERI NAGAR, KODICHIKANAHALLI BOMMANAHALLI BANGALORE - 560 068. 36. SMT PUSHPALATHA W/O K CHINNASAMY AGED ABOUT 57 YEARS R/AT 80, ANADA NAGAR VALLALLAR NAGAR EXTENSIUON SAINATHAPURAM VELLORE TAMILNADU-632 001. 37. SRI V PANDARI S/O LATE VENKATASAMY NAIDU AGED ABOUT 83 YEARS R/AT 81, ANADA NAGAR VALLALAR NAGAR EXTENSION SAINTHAPURAM VELLORE TAMILNADU-632 001. 38. SRI NAJEER KHAN S/O NABI HUSSAIN AGED ABOUT 43 YEARS R/AT NO.63/5 BETTADASANAPURA VILLAGE BANGALORE SOUTH TALUK BANGALORE-560 068. 39. MR ASU RAM S/O RAJU RAM AGED ABOUT 36 YEARS 40. MR SARVAN DEWSIE S/O AMARA RAM AGED ABOUT 38 YEARS - 7 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 R-38 & R-39 ARE R/AT NO.135 NEAR GOVT SCHOOL BETTADASANAPURA VILLAGE BANGALORE SOUTH TALUK BANGALORE -560 068. 41. MR GOVINDRA RAJA S/O VEERAPATHI RAO AGED ABOUT 35 YEARS R/AT NO.73, SUBBARAM SHETTY ROAD, BASAVANAGUDI BANGALORE-560 004. 42. MRS ZAIBA SHEBRIL HUSSAIN W/O MOHMEED RAZA HUSSAIN AGED ABOUT 40 YEARS R/AT NO.449 2ND BLOCK BDA LAYOUT 8TH PHASE J P NAGAR GOTTIGERE POST BANGALORE-560 083. 43. MR SHAIYAD SHAHNAVAJ S/O JAFAR HUSSAIN AGED ABOUT 37 YEARS R/AT CHANDPUR EKCHARI BHAGALPUR BIHAR -813 204. 44. MR RAJU S/O SOKKALINGAM AGE ABOUT MAJOR R/A NO.3955 NEAR ANGALAPARMESHWARI TEMPLE PILLAGANAHALLI, GOTTIGERE POST BANGALORE 560 083. 45. MR MOHAMMED MANSSOR ALI S/O MOHAMMED IBRAHIM AGE ABOUT 37 YEARS R/A NO.63/6, BETTADASANPURA VILLAGE DODDATHOGUR GRAMA PANCHYATH BANGALORE 560 068. 46. MR NARASAPPA C S/O SHIVANNA AGE ABOUT 65 YEARS R/A NO.62, MUNISHWARA LAYOUT - 8 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 VADDARAHALLLI, VIDYANARAYANAPURA BANGALORE - 560 097. 47. MR MOHAMMED IMRAN S/O ABDUL MUNAF AGED ABOUT 35 YEARS 48. MRS SYEED TABASSUM W/O MOHAMMED IMBRAN AGED ABOUT 25 YEARS. R-46 & R-47 ARE R/A NO.908, 9TH CROSS, 16TH MAIN BTM LAYOUT 2ND STAGE, BENGALORE 560 076. 49. MRS RUKSANA D/O A MOHAMMED RASOOL @ MUJEEB PASHA AGED ABOUT 27 YEARS R/A 217, 2ND CROSS, BDA LAYOUT BYRASANDRA BANGALORE – 560 011. 50. MR IRFAN PASHA S/O A MOHAMMED RASOOL @ MUJEEB PASHA AGED ABOUT 25 YEARS R/A NO.1174, 35TH ‘C’ CROSS 26TH MAIN, JAYANAGAR 4TH ‘T’ BLOCK BANGALORE - 560 041. 51. MR IMRAN PASHA S/O A MOHAMMED RASOOL @ MUJEEB PASHA AGED ABOUT 25 YEARS R/A NO.1174, 35TH ‘C’ CROSS 26TH MAIN, JAYANAGAR 4TH ‘T’ BLOCK BANGALORE – 560 041. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.1465/2007 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AND SET ASIDE THE ORDER DTD. 25.11.2025 PASSED ON I.A.NO.3, FILED BY THE R-1 TO 11, UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF THE CODE OF CIVIL - 9 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 PROCEDURE (ANNX-A) AND CONSEQUENTLY DISMISS THE IA NO.3 (ANNX-E) BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by defendant No.10 in O.S.No.1465/2007 is directed against the impugned order passed on I.A.No.3 whereby the said application filed by respondents 1 to 11 – plaintiffs under Order VI Rule 17 CPC for amendment of the plaint was allowed by the Trial Court. 2. Heard learned counsel for the petitioner and perused the material on record. 3. A perusal of the material on record will indicate that the respondents 1 to 11 – plaintiffs instituted the aforesaid suit against petitioner – defendant No.10 and other defendants for declaration, permanent injunction and other reliefs in relation to the suit scheduled immovable property. The said suit having been contested by the defendants, both parties went to trial, during the course of which, respondent Nos.1 to 11 – plaintiffs filed the instant application – I.A.No.3 seeking amendment of the plaint by - 10 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 incorporating various subsequent events, transactions, documents, etc., which came into existence during the pendency of the suit. 4. Under the proposed amendment, the plaintiffs also sought to incorporate additional prayers challenging the aforesaid documents, transactions and for alternative relief for recovery of possession of the suit schedule property from the defendants. The said application was opposed by the petitioner – defendant No.1 on various grounds including that the proposed amendment was barred by limitation. By the impugned order, the Trial Court proceeded to allow I.A.No.3 and permitted the amendment, aggrieved by which the petitioner – defendant No.10 is before this Court by way of the present petition. 5. A perusal of the proposed amendment will indicate that the plaintiffs seek to incorporate various subsequent events, documents, transactions which have occurred and come into existence during pendency of the suit and the proposed amendment evidently could not have been pleaded by the plaintiffs at the time of institution of the suit since they came into existence only subsequently. It is also pertinent to note that the defence of the petitioner – defendant No.10 as regards the proposed - 11 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 amendment being barred by limitation can be safeguarded by directing that the proposed amendment shall not relate back to the date of the suit but shall be reckoned / considered from the date of the amendment application filed on 20.09.2025 and by keeping open the question / issue regarding limitation to be decided along with other issues in the suit. 6. 6. Under these circumstances, I am of the considered opinion that since the petitioner would be entitled to file their written statement to the proposed amendment, which merely seeks to incorporate additional pleadings and prayers in relation to subsequent events, facts, documents, transactions, which are alleged to have come into existence during the pendency of the suit, no prejudice can be said to have been caused to the petitioner, who would be entitled to file his additional written statement taking up all contentions including the defence of limitation, which is to be directed to be kept open to be decided with other issues in the suit. Accordingly, I am of the view that the Trial Court was fully justified in allowing the proposed amendment by passing the impugned order, which cannot be said to suffer from any illegality or infirmity nor can the same be said to have - 12 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 occasioned failure of justice warranting interference by this Court in the exercise of its jurisdiction under Article 227 of the Constitution of India as held in the judgments of the Apex Court in Radhey Shyam and Ors v Chhabi Nath and Ors – (2015) 5 SCC 423; K.P. Natarajan and Ors. vs. Muthalammal and Ors – AIR 2021 SC 3443 and Mohd. Ali v V. Jaya – (2022) 10 SCC 477 particularly when the right and interest of the petitioner can be adequately safeguarded by directing that the proposed amendment shall not relate back to the date of the suit but shall be reckoned / considered from the date of filing the amendment application on 20.09.2025 as held by the Apex Court in Sampath Kumar Vs. Ayyakannu & another – AIR 2002 SC 3369, L.C. Hanumanthappa Vs. H.B. Shivakumar – (2016) 1 SCC 332 and Life Insurance Corporation of India Vs. Sanjeev Builders Private Limited – AIR 2022 SC 4256. 7. In the result, I pass the following: ORDER (i) The petition is hereby disposed of without interfering with the impugned order. - 13 - HC-KAR NC: 2026:KHC:1654 WP No. 281 of 2026 (ii) Application – I.A.No.3 filed by the plaintiffs for amendment stands allowed subject to the condition that the proposed amendment shall not relate back to the date of the suit but shall be reckoned / considered from the date of the application, which was filed on 20.09.2025 and the question / issue of limitation is kept open to be decided by the Trial Court. (iii) Liberty is reserved in favour of the petitioner as well as other defendants to file their additional written statement to the amended plaint and take up all contentions including, limitation, possession, etc. (iv) All rival contentions between the parties including limitation are kept / left open and no opinion is expressed on the merits / demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 40