- 1 - HC-KAR NC: 2026:KHC:3121 WP No. 31117 of 2024 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. 31117 OF 2024 (GM-CPC) BETWEEN: MR. PULLAPPA S/O LATE MUNIYALLAPPA AGED ABOUT 78 YEARS, R/O NO.148, GRAPES GARDEN NEAR MARUTHI SCHOOL 3RD MAIN, 12TH CROSS, KOTHANUR BANGALORE - 560 078. …PETITIONER (BY SRI. VASANTH KUMAR B G, ADVOCATE) AND: 1. MR. VIVEK RAMACHANDRA, S/O DR V RAMACHANDRA AGED ABOUT 63 YEARS 2. SMT PADMAJA V W/O VIVEKA RAMACHANDRA AGED ABOUT 55 YEARS BOTH ARE R/O NO.117, SRINIDH, 28TH CROSS, 12TH MAIN, BSK 2ND STAGE BANGALORE - 560 070. …RESPONDENTS (BY SRI. P.N.MANMOHAN, ADVOCATE FOR SRI. VINAY.N, ADVOCATE) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF TEH CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 24/10/2024 MADE ON IA FILED UNDER ORDER VI RULE 17 OF CPC FILLED BY THE PETITIONER HEREIN IN OS NO. 8514 /2018 PASSED BY THE XLI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE, AT ANN-A AND TO ALLOW APPLICATION FILED UNDER ORDER VI RULE 17 OF CPC FOR AMENDMENT OF PLAINT FILED BY THE PETITIONER. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3121 WP No. 31117 of 2024 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, petitioner seeks for the following reliefs:- “ a) To set aside the impugned order dated: 24.10.2024 made on IA filed under Order VI Rule 17 of CPC filed by the petitioner herein in O.S.No.8514/2018 passed by the XLI Addl. City Civil and Sessions Judge at Bengaluru, at Annexure-A and to allow application filed under Order VI Rule 17 of CPC for amendment of plaint filed by the petitioner. b) Such other relief or relief as this Hon’ble Court may deem fit to grant under the facts and circumstances of the case, including award for costs, in the interest of justice and equity.” 2. After arguing the matter for sometime, learned counsel for the petitioner submits that the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to file an application under Order 23 Rule 1 CPC with a direction to the trial Court to consider the same in accordance with law. The said submission is placed on record. 3. Accordingly, petition disposed of as withdrawn reserving liberty in favour of the petitioner to file an application under Order - 3 - HC-KAR NC: 2026:KHC:3121 WP No. 31117 of 2024 23 Rule 1 CPC. If the petitioner files such an application, the trial Court shall provide an opportunity to the respondents-defendants to file objections and pass appropriate orders in accordance with law. All rival contentions between the parties are kept open and no opinion is expressed on the same. 4. Petition stands disposed of accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.