- 1 - HC-KAR NC: 2026:KHC:2705 WP No. 4568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4568 OF 2025 (GM-CPC) BETWEEN: 1. M/S TIRUMALA CONSTRUCTIONS A PARTNERSHIP FIRM OFFICE AT NO. 326, 5TH MAIN, 10TH CROSS, 4TH STAGE, VINAYAKA LAYOUT, NAGARABHAVI, BANGALORE- 560072 REPRESENTED BY ITS MANAGING PARTNERS MR. MOHAN AND MR. PRAVEEN MOHAN. 2. MR. MOHAN R. S/O LATE RANGANATHAN AGED ABOUT 77 YEARS. 3. MR. PRAVEEN MOHAN S/O MOHAN R AGED ABOUT 44 YEARS, BOTHH ARE OFFICE AT NO. 326, 5TH MAIN, 10TH CROSS, 4TH STAGE, VINAYAKA LAYOUT, NAGARABHAVI, BANGALORE- 560 072. …PETITIONERS (BY SRI. CHETHAN KUMAR K, ADVOCATE) AND: SMT SHRIMATHI W/O RAMAKRISHNA SETTY, AGED ABOUT 68 YEARS, R/AT FLAT NO. 203, 2ND FLOOR, SRI. CHOWDESHWARI RESIDENCY, WATER TANK ROAD, NEXT TO STUDENTS HOSTEL, P.P. LAYOUT, BANGALORE – 560 085. …RESPONDENT (BY SRI. CHANDRASHEKAR H B.,ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2705 WP No. 4568 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.01.2025 IN O.S.NO. 4102/2022 PENDING BEFORE THE LEARNED XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-7) VIDE ANNEXURE-F AND CONSEQUENTLY DISMISSED THE APPLICATION FILED BY THE RESPONDENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “ a) Issue a Writ of Certiorari or any other suitable writ, order or direction as the case may be to quash the impugned order dated: 24.01.2025 in O.S.No.4102/2022 pending before the learned XXII Additional City Civil and Sessions Judge at Bengaluru (CCH-7) vide Annexure-F and consequently dismissed the application filed by the Respondent. b) Grant such other relief or reliefs as this Hon’ble Court deems fit to grant, including awarding the costs of the proceedings thought in the interest of justice and equity.” 2. Learned counsel for both sides submits that under identical circumstances in W.P.No.4592/2025 between the same parties, the co-ordinate Bench of this Court held as under:- - 3 - HC-KAR NC: 2026:KHC:2705 WP No. 4568 of 2025 1. This petition is filed by defendant No.1 under Article 227 of the Constitution of India, challenging the order dated 24-01-2025 passed by the learned XXII Additional City Civil and Sessions Judge, Bengaluru in OS No.4104/2022, whereby, IA No.9 filed by the plaintiff under order 6 Rule 17 CPC is allowed. 2. The plaintiff has filed a suit for recovery of money. On service of summons, defendants have appeared through counsel and filed the written statement. On the basis of the pleadings of the parties, the trial Court has framed the issues, parties have adduced their evidence and posted for evidence. At that time, plaintiff has filed an application in IA No.9 under order 6 Rule 17 CPC seeking amendment of the plaint, on the ground that there is typographical error in mentioning the date and cheque number. The same has been allowed by the trial Court by the impugned order. The trial Court has not given any reason for allowing that application. The impugned order is not a speaking order and same is passed without application of mind. On this short ground, the writ petition is allowed. 3. The impugned order dated 24-01-2025 passed on IA No.9 in OS No.4104/2022 by the trial Court is set aside. 4. The trial Court is directed to reconsider that application filed by plaintiff under order 6 Rule 17 CPC in accordance with law. 5. Both the parties are directed to argue on that application on the next date of hearing i.e. on 25.04.2025 without taking any further adjournments. - 4 - HC-KAR NC: 2026:KHC:2705 WP No. 4568 of 2025 2. It is submitted by both the parties that the present petition may be allowed and disposed of in terms of the said order. 3. In the result, I pass the following:- ORDER (i) Petition is hereby allowed in terms of the order dated 01.04.2025 passed by the co-ordinate Bench of this Court in W.P.No.4592/2025. (ii) The impugned order dated 24.01.2025 passed by the trial court on I.A.No.3 in O.S.No.4102/2022 is hereby set aside. (iii) The trial court is directed to reconsider the amendment application I.A.No.3 filed by the plaintiff in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.