- 1 - HC-KAR NC: 2026:KHC:6438 WP No. 25704 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.25704 OF 2024 (GM-CPC) BETWEEN: 1. M/S SEA BIRD TOURIST, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, R/AT NO.12, II CROSS, SRI RAMA TEMPLE BUILDING GANDHINAGAR, BENGALURU – 560 009. REP. BY ITS PROPRIETOR SRI H.C. NAGARAJAIAH. 2. SRI H.C.NAGARAJAIAH, S/O CHIKKABORAIAH, AGED ABOUT 50 YEARS, PROPRIETOR OF M/S SEA BIRD TOURIST, R/AT NO.12, II CROSS, SRI RAMA TEMPLE BUILDING, GANDHINAGAR, BENGALURU – 560 009. …PETITIONERS (BY SRI M.R.RAJAGOPAL, SENIOR COUNSEL APPEARING FOR SRI RAJU.S., ADVOCATE) AND: 1. SMT. HANUMAKKA, W/O LATE JAYARAM, AGED ABOUT 64 YEARS. 2. SRI J VENKATESH MURTHY, S/O LATE JAYARAM, AGED ABOUT 49 YEARS. 3. SMT. J. NAGAVENI, D/O LATE JAYARAM, AGED ABOUT 44 YEARS. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6438 WP No. 25704 of 2024 4. SMT. VEENA VASUDEV, D/O LATE JAYARAM, AGED ABOUT 42 YEARS. ALL ARE R/O PANTHARAPALAYA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK. AND ALSO R/AT NO.35, MAHESHWARAMMA TEMPLE, OPP. KADIRENAHALLI, B.S.K. 2ND STAGE, BENGALURU – 560 070. …RESPONDENTS (BY SRI JAI PRAKASH REDDY M., ADVOCATE FOR R-1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO. 1207/2016 ON THE FILE OF THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-68) AND QUASH/SET ASIDE THE ORDER DATED. 31.07.2024 ON I.A.NO.V FILED BY THE PETITIONERS UNDER ORDER VI RULE 17 OF THE CODE OF CIVIL PROCEDURE, PASSED BY THE LEARNED LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-68) IN O.S.NO.1207/2016 WHICH IS MARKED AS ANNEXURE-H TO THE WRIT PETITION, CONSEQUENTLY ALLOW THE SAID APPLICATION BY PERMITTING THE PETITIONERS TO AMEND THE WRITTEN STATEMENT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek for the following reliefs: “a) Call for the records in O.S.No. 1207/2016 on the file of the LXVII Additional City Civil and Sessions Judge, Bengaluru City (CCH- 68). - 3 - HC-KAR NC: 2026:KHC:6438 WP No. 25704 of 2024 (a) Issue a Writ of certiorari or any other writ or order or direction, in the nature of a writ quashing/ set aside the order dated 31.07.2024 on I.A. No.V filed by the petitioners under Order VI Rule 17 of the Code of Civil Procedure, passed by the Learned LXVII Additional City Civil and Sessions Judge, Bengaluru City (CCH-68) in marked as O.S.No.1207/2016 which is marked as Annexure-H to the Writ Petition, consequently allow the said application by permitting the petitioners to amend the written statement, in the interest of justice. (b) Consequently allow the application I.A.No.V filed by the petitioner under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, which is marked as Annexure-F, in the interest of justice and equity. (c) Pass such other orders, as the petitioners are entitled to in the facts and circumstances of the case, including the costs of the proceedings in the interest of justice and equity.” 2. After arguing the matter for some time, learned Senior counsel for the petitioners submits that the present petition may be disposed of permitting the petitioners to withdraw the application i.e., I.A.No.5, out of which, the impugned order arises and by reserving liberty in favour of the petitioners to file a fresh/new application for amendment, which may be directed to be considered by the trial Court in accordance with law, without being influenced by the findings and observations recorded in the impugned order. - 4 - HC-KAR NC: 2026:KHC:6438 WP No. 25704 of 2024 3. The submission is placed on record. 4. Accordingly, I pass the following ORDER (i) Writ petition is disposed of. (ii) The application i.e., I.A.No.5 filed by the petitioners under Order VI Rule 17 of CPC stands disposed of as withdrawn reserving liberty in favour of the petitioners to file a fresh/new application seeking amendment of the written statement. (iii) If the petitioners files such a fresh/new application seeking permission to amend the written statement, the trial Court shall provide an opportunity to file objections to the respondents and pass appropriate orders without being influenced by the findings and observations recorded in the impugned order. (iv) Liberty is reserved in favour of the respondents to file an application seeking arrears of rent from the petitioners. In the event the respondents files such an application, the trial Court shall provide an opportunity to the petitioners to file objections and dispose of the said application in accordance with law. Retyped and replaced vide Court order dated 18.02.2026 - 5 - HC-KAR NC: 2026:KHC:6438 WP No. 25704 of 2024 (v) The trial Court is directed to dispose of both applications i.e., application to be filed by the petitioners under Order VI Rule 17 CPC and the application to be filed by the respondents for arrears of rent within a period of 3 months from the date of receipt of a copy of this order. (vi) All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE PB List No.: 1 Sl No.: 13 Inserted vide Court order dated 18.02.2026