- 1 - HC-KAR NC: 2026:KHC:6101 WP No. 14874 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO.14874 OF 2021 (GM-CPC) BETWEEN: SMT. FATHIMMUNNISA, D/O LATE SRI. A. A. BASHA, AGED ABOUT 58 YEARS R/AT AT 88/A, 1ST CROSS KRISHNA ROAD GRUHALAKSHMI LAYOUT BASAWESHWARA NAGAR BENGALURU – 560 079 …PETITIONER (BY SRI. NISHANTH A V., ADVOCATE) AND: 1. MISS. RAZEENA SAHRIN D/O SMT. SHABEEN PARVIN AGED ABOUT 20 YEARS RESIDING AT: 88/A 1ST CROSS, KRISHNA ROAD GRUHALAKSHMI LAYOUT BASAWESHWARA NAGAR BENGALURU – 560 079 2. MR. ABDUL MAJID, S/O LATE SRI. A. A. BASHA, AGED ABOUT 67 YEARS, 3. MR. NAZEER AHAMED, S/O ALTE SRI A A BASHA, AGED ABOUT 61 YEARS - 2 - HC-KAR NC: 2026:KHC:6101 WP No. 14874 of 2021 4. SMT. NOORUNNISA D/O LATE SRI. A. A. BASHA AGED ABOUT 55 YEARS 2, 3 & 4 ARE R/AT NO 88/A, 1ST CROSS, KRISHNA ROAD, GRUHALAKSHMI LAYOUT BASAVESHWARANAGAR BENGALURU – 560 079. 5. 5a. 5b. MRS. ABIDUNNISA, SINCE DEAD BY HER LRS MR JAVED AHAMED FATHER'S NAME NOT KNOWN AGED 55 YEARS SHAZIA SULTANA D/O JAVED AHAMED AGED 20 YEARS 5c. AFSAN J RUCHI D/O JAVED AHMED AGED 17 YEARS SINCE MINOR REPRESENTED BY HER FATHER MR. JAVED AHAMED 5(a), 5(b) & 5(c) ARE RESIDING AT: NO.2, 88/2, LASKSHMINAGAR, 1ST CROSS, KAMALANAGAR NEAR WATER TANK BASAVESHAWARANAGARA BENGALURU – 560 079. …RESPONDENTS (BY SRI. RAGHU PRASAD B S., ADVOCATE FOR R1; VIDE ORDER DATED 17.08.2021, NOTICE TO R2 TO R5(a-c) IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE - 3 - HC-KAR NC: 2026:KHC:6101 WP No. 14874 of 2021 NATURE OF CERTIORARI OR ANY OTHER WRIT SETTING ASIDE THE ORDER DATED 26.07.2021 PASSED IN O.S NO.27180/2011 ON IA NO.1/2021 FILED UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 BY THE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-75) MAYO HALL, BENGALURU VIDE ANNEXURE-L AND ETC THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition has been filed seeking to challenge the order dated 26.07.2021 on IA.No.1 in OS.No.27180/2011 passed by the 74th Additional City Civil and Sessions Judge Mayo Hall Unit, Bengaluru (CCH-75) (hereinafter referred to as the “Impugned Order”). By the Impugned Order, an application filed under Order 6 Rule 17 of Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has been allowed. 2. The challenge in the present petition is to the amendment application being allowed by the learned Trial Court. - 4 - HC-KAR NC: 2026:KHC:6101 WP No. 14874 of 2021 3. This Court by its order dated 17.08.2021 had directed that the operation of the Impugned Order shall remain stayed. This order has continued as is till today. 4. Learned counsel for the parties submits that no proceedings are continuing before the Trial Court in view of the stay granted by this Court. 5. Learned counsel for the petitioner restricts his challenge in the present petition to the extent that the finding on the issues of limitation and other objections to the amendment sought, as recorded in the Impugned Order, will not come in his way during the final hearing of the matter. 6. Learned counsel for the respondents is amenable to the suggestion. 7. In view of the consensus between the parties, this petition is disposed of with the following directions: (i) The findings of the learned Trial Court while adjudicating the application under Order 6 Rule 17 of the - 5 - HC-KAR NC: 2026:KHC:6101 WP No. 14874 of 2021 CPC will not come in the way of the petitioner and taking any objections to the amendments sought by the respondents. (ii) The rights and contentions of both parties shall be left open to be agitated before the Trial Court. (iii) The petitioner is permitted to file additional written statement within three weeks from today. Any additional replication/re-joinder may be filed if by the respondents before the next date of hearing. 8. Both the parties submit that they will not take any unnecessary adjournment before the Trial Court. The parties are bound down by the statement made by their counsel today. (TARA VITASTA GANJU) JUDGE NR/-/BMV* List No.: 2 Sl No.: 15 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA