- 1 - HC-KAR NC: 2026:KHC:4136 WP No. 29427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29427 OF 2025 (GM-CPC) BETWEEN: K NARAYANA SWAMY, AGED ABOUT 48 YEARS, S/O SRI. KEMPAIAH, RESIDING AT NO. 43, 4TH MAIN, 2ND BLOCK, OPP: VIDYAVERDHAKA COLLEGE, 3RD STAGE, BASAVESHWARA NAGAR, BENGALURU - 560 079. …PETITIONER (BY SRI. M R SHALAMALA., ADVOCATE) AND: 1. SMT. G. SUCHITHRA, AGED ABOUT 30 YEARS, D/O SRI. GANGABYRAIAH, RESIDING AT NO.11, 12TH A' CROSS, 17TH MAIN, RR NAGAR, BENGALURU-98. REPRESENTED BY HER GPA HOLDER SRI. GANGABYRAIAH, S/O LATE GANGAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO. 623, 8TH MAIN, 6TH CROSS, BHUVANESHWARI NAGAR, T. DASARAHALLI, BENGALURU-560 057. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4136 WP No. 29427 of 2025 2. SMT. PUTTAMMA, W/O LATE K. THIMMAIAH. 3. SRI. T. NEELARAJU, AGED ABOUT 61 YEARS. S/O LATE K. THIMMAIAH. 4. SRI. T. SOMASHEKAR, AGED ABOUT 48 YEARS, S/O LATE K. THIMMAIAH, RESPONDENT NOS.3 & 4 ARE RESIDING AT NO. 186, 3RD MAIN, 2ND CROSS, KARIYAPPA ROAD, (GANESH SAW MILL ROAD), T. DASARAHALLI BENGALURU - 560 057. …RESPONDENTS (BY SRI. DHANANJAY U. JOSHI, SENIOR COUNSEL FOR SRI.SRIKANTH.S., ADVOCATE FOR RESPONDENT NO.1) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.08.2025 PASSED IN O.S.NO.1331/2020 PASSED BY THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH-43) ON I.A.NO.33 AT ANNEXURE-A AND CONSEQUENTLY ALLOW IA NO. 33 UNDER ORDER 6 RULE 17 CPC, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4136 WP No. 29427 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant No.4 in O.S.No.1331 of 2020 is directed against the impugned order dated 06.08.2025, whereby, application No.33 filed by the petitioner/defendant No.4 seeking amendment of the written statement by incorporating/inserting additional paragraph Nos.23 and 24 to his written statement was rejected by the Trial Court. 2. Heard the learned counsel appearing for the petitioner/defendant No.4 and the learned Senior Counsel appearing for respondent No.1/plaintiff and perused the material on record. A perusal of the material on record will indicate that respondent No.1/plaintiff instituted the aforesaid suit against the petitioner/defendant No.4 and other defendants for declaration of title and for other reliefs in relation to the suit schedule immovable property. - 4 - HC-KAR NC: 2026:KHC:4136 WP No. 29427 of 2025 3. The defendants entered appearance in the suit and filed their written statement comprising of 22 paragraphs. Subsequently, after commencement of trial, defendant No.4 filed the instant application seeking amendment of the written statement by incorporating/ inserting additional paragraph Nos.23 and 24, which are extracted as hereunder: "23. The defendant No.4 respectfully submit that the alleged documents produced by the plaintiff do not disclose the description of the Survey number on the suit schedule property. The plaintiff has created illegal documents and bogus documents on the alleged suit schedule property have allegedly claiming right, title and interest over the alleged suit schedule property. The alleged suit schedule property cannot be identified based on the alleged Gift Deed dated 11.07.2019 registered by the GPA holder of the plaintiff. The GPA holder of plaintiff had created the signatures of the Late Thimmaiah. The plaintiff father has rectified the sale deed for his whims and fancies vide rectification deed dated 18.06.2019 which is illegal under the law. The said rectification deed does not support any approved layout plan. 24. The defendant No.4 submits that on 22.06.2019 the defendant No.4 registered a police complaint against the GPA holder of the plaintiff and others vide NCR No.534/2019. Thereafter the defendant No.4 has further registered a complaint before the BESCOM dated 24.06.2019 vide No.577 and issued acknowledgement dated 25.06.2019. - 5 - HC-KAR NC: 2026:KHC:4136 WP No. 29427 of 2025 Thereafter the GPA holder who is the father of the plaintiff herein as a Donor has allegedly created a Gift Deed dated 11.07.2019 in the name of his daughter (plaintiff) herein by showing false covenants in the gift deed. The very same Donor is the GPA holder to the plaintiff in the present suit. Thus, the malafide intention of the GPA holder has created the alleged Gift deed in the name of his daughter and he filed the present frivolous suit in the name of his daughter represented as GPA holder to his daughter / plaintiff. The GPA holder of the plaintiff is a master in creating one or the other bogus documents on the alleged suit schedule property with an intention to knock of the alleged suit schedule property. The entire alleged documents produced by the plaintiff are false documents same are created for the purpose of filing this frivolous suit after the death of K.Thimmaiah. There are no registered documents standing in the name of plaintiff to show the delivery of possession to the plaintiff or her father and mother. The Late K.Thimmaiah had not executed any registered documents for delivery of possession to the Sarvamangala the alleged suit schedule property". 4. The said application, having been opposed by the plaintiff, the Trial Court proceeded to pass the impugned order rejecting the amendment application, aggrieved by which, the petitioner/defendant No.4 is before this Court by way of the present petition. 5. A perusal of the material on record comprising of the proposed amendment, pleadings of the parties and - 6 - HC-KAR NC: 2026:KHC:4136 WP No. 29427 of 2025 the impugned order will clearly indicate that by way of proposed amendment, the petitioner/defendant No.4 merely seek to amplify/elaborate the existing pleadings and the same were essential and necessary for adjudication of the issues in controversy between the parties. It is also relevant to state that by way of the proposed amendment, the petitioner/defendant No.4 do not seek to withdraw or resign from any admission made in the original written statement so as to cause any prejudice to respondent No.1/plaintiff nor as a valuable right accrued in favour of respondent No.1/plaintiff by virtue of the pleadings putforth in the original written statement. It is also pertinent to note that the proposed amendment cannot be said to change or alter the nature or character of the suit and consequently, in the light of the principles governing amendment of pleadings as held by the Apex Court and this Court in various judgments including the judgment of the Apex Court in the case of (i) LIC Vs. Sanjeev Builders (P) Ltd., (2022) 16 SCC 1 and - 7 - HC-KAR NC: 2026:KHC:4136 WP No. 29427 of 2025 (ii) Dinesh Goyal @ Pappu Vs. Suman Agarwal (Bindal) & others 2024 INSC 726, I am of the considered opinion that the Trial Court committed an error in rejecting the application filed by the petitioner/defendant No.4, thereby, resulting in miscarriage of justice, warranting interference by this Court in the present petition. Hence, I pass the following: ORDER i) Petition is hereby allowed. ii) The impugned order dated 06.08.2025 passed in O.S.No.1331 of 2020 by the XLII Additional City Civil and Sessions Judge, Bengaluru City (CCH-43) on I.A.No.33 is hereby set aside. iii) I.A.No.33 filed by the petitioner/defendant No.4 under Order 6 Rule 17 r/w Section 151 of CPC stands allowed. iv) Liberty is reserved in favour of Respondent No.1/ Plaintiff to file rejoinder/reply, if any, to the amended written statement. - 8 - HC-KAR NC: 2026:KHC:4136 WP No. 29427 of 2025 v) All rival contentions on all aspects of the matter including the amended/additional pleadings are kept open and no opinion is expressed on the merits/demerits of the rival contentions. vi) The Trial Court is directed to dispose of the suit as expeditiously as possible. Both parties are directed to co-operate with the Trial Court for expeditious disposal of the suit. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 2 Sl No.: 0