- 1 - HC-KAR NC: 2026:KHC:2007 WP No. 34348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34348 OF 2025 (GM-CPC) BETWEEN: SMT. B. N. ASHA, D/O LATE P. NARASIMHA MURTHY, AGE ABOUT 48 YEARS, R/O NO. 252, 1ST BLOCK, 3RD CROSS, PEENYA 1ST STAGE, PEENYA 1ST STAGE, PEENYA, BENGALURU – 560 058 …PETITIONER (BY SRI. SRIKAR KRISHNA B.R., FOR SRI. SAMPATH A., ADVOCATE) AND: 1. SRI S. KESHAVA RAO S/O LATE SRINIVAS RAO, AGE ABOUT 53 YEARS, 2. SMT. MUNJULA @ VANAJA BAI W/O SRI S. KESHAVA RAO, AGE ABOUT 47 YEARS, BOTH ARE R/AT NO. 252, 1ST FLOOR, C/O NARASIMHA MURTHY BUILDING, 1ST BLOCK, 3RD CROSS, PEENYA 1ST STAGE, PEENYA, BENGALURU – 560 058 …RESPONDENTS (BY SRI. K.K. VASANTH, ADVOCATE FOR C/R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASHING THE ORDER DATED 18-10-2025 PASSED Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2007 WP No. 34348 of 2025 ON I.A. NO. XXXI IN O.S.NO.6868/2010 BY THE LEARNED VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-15) AT BENGALURU VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the petitioner-plaintiff in O.S.No.6868/2010 is directed against the impugned order dated 18.10.205 passed by the VIII Additional City Civil and Sessions Judge (CCH-15), Bengaluru (for short “the Trial Court”), whereby the application filed by the petitioner under Order VI Rule 17 CPC for amendment of plaint was rejected by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner-plaintiff filed the instant application seeking amendment of plaint, which was opposed by the defendants culminating in the impugned order, aggrieved by which the petitioner is before this Court by way of the present petition. - 3 - HC-KAR NC: 2026:KHC:2007 WP No. 34348 of 2025 4. A perusal of the material on record including the impugned order will indicate that the Trial Court failed to consider that the proposed amendment was necessary to adjudicate upon the issues in controversy between the parties and at any rate, no prejudice is said to have been caused to the petitioner if amendment was allowed, since they would be entitled to file additional written statement to the amended plaint. Under these circumstances, I am of the view that the impugned order on I.A.No.31 has occasioned failure of justice in the present petition. 5. In the result, I pass the following: ORDER (i) The petition is allowed subject to payment of cost of Rs.10,000/- by the petitioner-plaintiff to the defendants before the Trial Court on the next date of hearing. (ii) The impugned order dated 18.10.2025 passed on I.A.No.XXXI in O.S.No.6868/2010 by the VIII Additional City Civil and Sessions Judge (CCH-15), Bengaluru, is hereby set aside. (iii) Consequently, I.A.No.XXXI is allowed. - 4 - HC-KAR NC: 2026:KHC:2007 WP No. 34348 of 2025 (iv) Liberty is reserved in favour of the respondents to file additional written statement, if they so desire. (v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 0