- 1 - HC-KAR NC: 2026:KHC:3419 WP No. 34369 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 34369 OF 2018 (GM-CPC) BETWEEN: 1. SRI. KEMPANNA.M S/O. MUTHAPPA, R/AT NO. 150/1, NELAGADARANAHALLI, NAGASANDRA POST, BENGLAURU 560073. (PLAINTIFF IN O.S NO. 5817/2013) …PETITIONER (BY SMT. VAIBAVI., ADVOCATE FOR SRI. K.S.NARAYANASWAMY., ADVOCATE) AND: 1. SRI H SIDDALINGAPPA @ SIDDALINGAIAH S/O. NOT KNOWN, R/AT NO. 30, 2ND CLROSS, NEAR CHAKRA GLASS FACTORY, NELAGADARANAHALLI, NAGASANDRA POST, BEGALORE – 560 073 2. SMT. PADMA W/O. SRI. H SIDDALINGAPPA @ SIDDALINGAIAH, R/AT NO.30, 2ND CROSS, NEAR CHAKRA GLASS FACTORY, - 2 - HC-KAR NC: 2026:KHC:3419 WP No. 34369 of 2018 NELAGADARANAHALLI, NAGASANDRA POST, BENGLAURU 560073 …RESPONDENTS (BY SRI. H.E.KRISHNAPPA., ADVOCATE FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD16.7.2018 PASSED BY THE COURT OF V ADDITIONAL CITY CIVIL JUDGE, BENGALURU ON IA NO.5 IN O.S.NO.5817/2013 VIDE ANNEXURE-ECONSEQUENTLY ALLOW IA NO.5 BY PERMITTING THE PETITIONER/PLAITIFF TO AMEND THE PLAINT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. Given the order that the Court proposes to pass today, the order dated 05.08.2024 is recalled. 2. After some arguments, learned counsel for the petitioner submits that she will be filing an appropriate application for amendment before the learned Trial Court seeking addition of prayers for declaration as well as possession, in view of the fact that challenge has been made to the title of the petitioner. Learned counsel thus submits that she may be permitted to - 3 - HC-KAR NC: 2026:KHC:3419 WP No. 34369 of 2018 withdraw this petition with the liberty to file an appropriate application for amendment. 3. The petition is dismissed with liberty as prayed for. It is however clarified that rights and contentions of both the parties shall be left open to be agitated before the learned Trial Court. 4. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE SNB List No.: 1 Sl No.: 2 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA