- 1 - HC-KAR NC: 2026:KHC:7058 WP No. 21921 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21921 OF 2024 (GM-CPC) BETWEEN: 1. SMT V P RUKMINAMMA W/O LATE NANDAKISHORE, AGED ABOUT 54 YEARS, 2. N SRINIDHI W/O LATE NANDAKISHORE, AGED ABOUT 30 YEARS, 3. KUM N HARSHITHA D/O LATE NANDAKISHORE, AGED ABOUT 20 YEARS, ALL ARE RESIDING AT NO 8/1, SRINIDHI STORES, OPP : STATE BANK OF INDIA, MYSORE - BENGALURU ROAD, SHIVAPUR, MADDUR - R.S-571429. …PETITIONERS (BY SRI. PRITHVIRAJ SHASTRY, ADV., FOR SRI G BALAKRISHNA SHASTRY.,ADVOCATE) AND: G S VENKATESH BABU SINCE DEAD BY LRS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7058 WP No. 21921 of 2024 1. SMT KOMALA W/O LATE VENKATESH BABU MAJOR, 2. G V PAVAN KUMAR S/O LATE VENKATESH BABU AGED ABOUT 48 YEARS 3. G V HARSHAN KUMAR S/O LATE VENKATESH BABU AGED ABOUT 41 YEARS 4. G V ASHWARYA D/O LATE VENKATESH BABU ALL ARE RESIDING AT DOOR NO 1614/2, 3RD CROSS, VIDHYANAGAR, MANDYA CITY PIN 571401 …RESPONDENTS (BY SRI. SKANDA R K RAO, ADV., FOR SRI T N VISWANATHA, ADV., FOR 1, R2 & R4; NOTICE TO R3 IS H/S V/O/DT.13.02.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 20/06/2024 IN OS NO. 480/2014, PASSED BY THE 1ST ADDL. CIVIL JUDGE AND JMFC AT MADDUR PRODUCED AT ANN-A, AND IA NO. X BE ALLOWED AS PRAYED FOR.GRANT AN INTERIM ORDER TO STAY FURTHER PROCEEDINGS IN OS NO. 480/2014 ON THE FILE OF 1ST ADDL. CIVIL JUDGE AND JMFC AT MADDUR.POST THIS WP BEFORE SINGLE JUDGE FOR PRELIMINARY HEARINGLA 12/08/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:7058 WP No. 21921 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.480/2014 is directed against the impugned order dated 20.06.2024 passed on IA No.10 whereby the said application filed by the petitioner - plaintiff under Order VI Rule 17 CPC seeking amendment of the plaint by rectifying the mistake in the schedule to the plaint was dismissed by the trial Court. 2. Heard learned counsel for the petitioners and perused the material on record. 3. Learned counsel for the respondent has supported the impugned order. 4. A perusal of the material on record will clearly indicate that the findings recorded by the trial Court while refusing amendment are contrary to the principles enunciated by this Court in the case of Shri Mohammadrafi and Anr., Vs. Bandenawaz and Ors - W.P.108512/2025 dated 16.12.2025. It - 4 - HC-KAR NC: 2026:KHC:7058 WP No. 21921 of 2024 is also pertinent to note that since the petitioner merely seeks to amend the plaint by correcting the error in the schedule to the plaint, it cannot be said that any prejudice would be caused to the respondent if amendment was permitted. 5. Under these circumstances, I am of the considered opinion that the impugned order passed by the trial Court has resulted in failure of justice warranting interference by this Court in the present petition. Accordingly, the following - ORDER i) The petition is hereby allowed. ii) The impugned order dated 20.06.2024 in O.S.No.480/2014 on the file of I Additional Civil Judge and JMFC, Maddur, is hereby set aside. iii) I.A.No.10 filed by the petitioners before the Trial Court is hereby 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 for amendment and the question/issue of limitation is kept/left open to be decided by the Trial Court. - 5 - HC-KAR NC: 2026:KHC:7058 WP No. 21921 of 2024 iv) Liberty is reserved in favour of the respondents to file additional written statement to the amended plaint and take up all contentions including limitation. (v) Liberty in favour of both parties to adduce additional oral and documentary evidence in support of their respective claims. vi) The Trial Court shall consider the same by providing sufficient and reasonable opportunity to both the parties and proceed further in accordance with law vii) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 86