- 1 - HC-KAR NC: 2026:KHC:6762 WP No. 11788 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11788 OF 2024 (GM-CPC) BETWEEN: 1. SRI.K. GOPAL RAJAN S/O LATE S K KEMPAIAH AGED ABOUT 63 YEARS 2. SMT. KAMALAMMA W/O LATE S K KEMPAIAH AGED ABOUT 90 YEARS BOTH ARE R/AT NO.18, 2ND A MAIN ROAD KSRTC LAYOUT, 2ND PHASE J P NAGAR, BENGALURU-560078. …PETITIONERS (BY SRI. NARAYANA V S.,ADVOCATE) AND: 1. SMT. K. SACHI DEVI W/O B RAMACHANDRAN AGED ABOUT 69 YEARS R/AT NO.69, D-6, KENDRIYA VIHAR4, BB ROAD, YELIAHANKA BENGALURU-560064. 2. SMT. K USHADEVI W/O V L SEENAPPA AGED ABOUT 71 YEARS R/AT S-2, PARODY PARADISE APARTMENT NO.365, 6TH MAIN, 11TH CROSS VIJAYA BANK LAYOUT BELEKAHALLI, BENGALURU-560076. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6762 WP No. 11788 of 2024 3. SMT. BHAGYA TARA @ TARA NARENDRA W/O DR. NARENDRA AGED ABOUT 67 YEARS R/AT NO.201 SHARADA NILAYA 15/2, 18TH CROSS, MALLESHWARAM BENGALURU-560003. 4. SRI K VASANTHA KUMAR S/O LATE S K KEMPAIAH AGED ABOUT 65 YERAS R/AT NO.38 11TH MAIN, 28TH A CROSS 4TH BLOCK JAYANAGAR BENGALURU-560011. 5. MR. HASEEB KHAN S/O MEHBOOB KHAN AGED ABOUT 41 YEARS R/ATN NO.43/3 PH001, HARMAIN REGALLA DAVIS ROAD, RICHARDS TOWN BENGALURU-560084 …RESPONDENTS (BY SRI. VINAYA KUMAR N D.,ADVOCATE FOR R1 V/O DATED 25.04.2024 NOTICE TO R2 TO R5 IS D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASHING THE ORDER DATED 3.1.24, ON IA NO. 8, (ANNEXURE-F), PASSED IN OS NO. 5705/2018, ON THE FILE OF XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-27), AT BENGALURU, AND ALLOW THIS WP AND REJECT THE APPLICATION FILED BY THE R1 UNDER ORDER VIII RULE 9 READWITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6762 WP No. 11788 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “a) Issue a Writ of Certiorari or any other appropriate Writ or Order or direction of appropriate nature, quashing the Order dated 03.01.2024, on I.A.No.8, (Annexure-F), passed in O.S.No.5705/2018, on the file of XII Additional City Civil and Sessions judge (CCH-27), at Bengaluru and allow this writ petition and reject the application filed by the Respondent No.1 under Order VIII Rule 9 readwith Section 151 of the Code of Civil Procedure, 1908. b) issue a Writ or Order or direction of appropriate nature granting such other relief/s that this Hon’ble Court deems fit, in the circumstances of the case, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. 3. Learned counsel for respondent No.1 submits that respondent No.1 intends to withdraw I.A.No.8, out of which the present petition arises, with liberty in favour of the petitioner to file an amendment application under Order VI Rule 17 CPC, which may be considered and disposed of by the Trial Court in accordance with law. - 4 - HC-KAR NC: 2026:KHC:6762 WP No. 11788 of 2024 4. The said submission is placed on record. 5. In view of the aforesaid facts and circumstances and submission made on behalf of respondent No.1-plaintiff by the Learned counsel, I deem it just and appropriate to dispose of this petition by setting aside the impugned order and by issuing certain directions. 6. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The impugned order dated 03.01.2024 passed on I.A.No.8 in O.S.No.5705/2018 by the XII Additional City Civil and Sessions Judge (CCH- 27), Bengaluru, is hereby set aside. (iii) The application, I.A.No.8 filed by respondent No.1 is hereby disposed of as withdrawn reserving liberty in favour of respondent No.1-plaintiff to file fresh/new application under Order VI Rule 17 CPC for amendment of the plaint - 5 - HC-KAR NC: 2026:KHC:6762 WP No. 11788 of 2024 (iv) If respondent No.1-plaintiff files such an application, the Trial Court shall provide an opportunity to file objections to the defendants and dispose of the said application, in accordance with law. (v) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on the merits/demerits of the rival contentions. (vi) The Trial Court shall dispose of the fresh/new application to be filed by respondent No.1-plaintiff within a period of one month from the date on which respondent No.1-plaintiff files such an application. (vii) The Trial Court shall dispose of the suit on merits, as expeditiously as possible and preferably, within a period of six months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 1 Sl No.: 12