- 1 - HC-KAR NC: 2026:KHC:2522 WP No. 21814/2024 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. 21814/2024 (GM-CPC) BETWEEN: 1. SRI. N R ANAND S/O. LATE N.M. RAMASWAMY AGED ABOUT 75 YEARS, R/O NO. 304, KANAKAPURA MAIN ROAD, 7TH BLOCK, JAYANAGARA BENGALURU-560 082. PRESENTLY RESIDING AT FLAT NO.006, GROUND FLOOR, POORNA PALACE APARTMENTS, 12TH 'A' CROSS, 2ND MAIN, 3RD PHASE, J.P. NAGAR, BENGALURU-560 078. …PETITIONER (BY SRI. C.M NAGABHUSHAN, ADVOCATE) AND: 1. SRI. N R BALAKRISHNA S/O. LATE N.M. RAMASWAMY, AGED ABOUT 85 YEARS, R/AT NO.797, 3RD MAIN, 5TH STAGE, 2ND PHASE, B.E.M.L LAYOUT, R.R. NAGAR, BENGALURU-560 098. 2. SRI. N.R. RAMACHANDRA, S/O. LATE N.M. RAMASWAMY, AGED ABOUT 82 YEARS, R/AT NO. 142/6/3, I.T.I COLONY, 5TH MAIN, 3RD STAGE, BANASHANKARI, KATHRIGUPPE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2522 WP No. 21814/2024 NIRWANA APARTMENTS, BENGALURU-560 085. 3. SMT. SHANTHA VENKATESH W/O. LATE N.R. VENKATESH, AGED ABOUT 67 YEARS, 4. SRI. N.V. AJAY, S/O. LATE N.R. VENKATESH, AGED ABOUT 43 YEARS, 5. SRI. N.V. SUDHINDRA, S/O. LATE N.R. VENKATESH, AGED ABOUT 41 YEARS, R3 TO 5 ARE R/ AT NO.4, NIRWANA APARTMENTS, NO.142, I.T.I COLONY, KATHRIGUPPE, BENGALURU-560 085. 6. SRI. N.R. SHIVAKUMAR, S/O. LATE N.M. RAMASWAMY, AGED ABOUT 72 YEARS, R/AT NO. 532, 32ND CROSS, 11TH MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU-560 082. 7. SRI. N.R. JAYASHANKAR, S/O. LATE N.M. RAMASWAMY, AGED ABOUT 69 YEARS, R/O NO.304, KANAKAPURA MAIN ROAD, 7TH BLOCK, JAYANAGAR, BENGALURU-560 082. 8. SRI. JEEVAN RAO, MAJOR IN AGE, PROP COLORADO, B 11/2, INDUSTRIAL ESTATE, CHORD ROAD, RAJAJI NAGAR, BENGALURU-560 044. 9. MR. DE DYNAMICS, B 11/3, INDUSTRIAL ESTATE, - 3 - HC-KAR NC: 2026:KHC:2522 WP No. 21814/2024 CHORD ROAD, RAJAJI NAGAR, BENGALURU-560 044. A BUSINESS CONCERN BY ITS MANAGER REGISTRAR UNDER COMPANY. 10. HINDUSTAN TOOLS AND COMPONENTS, G-25 AND 26, INDUSTRIAL ESTATE, RAJAJI NAGAR, BENGALURU-560 044. A BUSINESS CONCERN BY ITS MANAGER 11. MR. RONALD COLACO, S/O. F.B.L COLACO, AGED ABOUT 69 YEARS, R/AT HOLLYWOOD TOWN, SADAHALLI VILLAGE, JALA HOBLI-562 110, BENGALURU NORTH TALUK. …RESPONDENTS (BY SRI. SAMPATH A., ADVOCATE FOR R1; NOTICE TO R2 TO 11 IS DISPENSED WITH V/O/DATED 04.09.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 16.07.2024 PASSED BY THE XXIX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-30) IN OS NO.281/2003 ON IA-24 VIDE ANNEXURE-F AND REJECT IA-24 FILED BY THE R1 UNDER ORDER VI RULE 17 R.W.S 151 OF CPC, VIDE ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant No.4 in O.S.No.281/2003 on the file of XXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-30) is directed against the impugned order passed on - 4 - HC-KAR NC: 2026:KHC:2522 WP No. 21814/2024 I.A.No.24, whereby the said application filed by the respondent No.1/ plaintiff under Order VI Rule 17 of CPC seeking amendment of the plaint was allowed by the Trial Court. 2. Heard learned counsel for the petitioner and perused the materials on records. 3. Learned counsel for the first respondent/ plaintiff has filed a memo to the effect that first respondent/ plaintiff intends to withdraw the application in I.A.No.24, out of which the present petition arises and as such, the impugned order may be set aside. 4. Memo which is placed on record reads as under: "Memo The respondent No.1 submits that he has no objection to set-aside the impugned order dated 16.07.2024 passed by the XXIX Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.281/2003, and for disposal of the above petition. The same may kindly be taken on record in the interest of justice and equity." 5. In view of the aforesaid facts and circumstances and the memo filed by the learned counsel for the respondent No.1, I deem it just and appropriate to set aside the impugned order and - 5 - HC-KAR NC: 2026:KHC:2522 WP No. 21814/2024 accordingly dispose of I.A.No.24 as withdrawn as sought for by the respondent No.1. 6. Both sides submit that the Trial has concluded and the matter is set down for arguments and the Trial Court may be directed to dispose of the suit within a stipulated time frame. 7. Joint submission is placed on record. The Trial Court is directed to dispose of the suit on merits on or before 30.04.2026. All rival contentions on all aspects of matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP List No.: 1 Sl No.: 1