- 1 - HC-KAR NC: 2026:KHC:3260 WP No. 34390 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34390 OF 2025 (GM-CPC) BETWEEN: 1. SRI. N. LAKSHMIPATHY AGED ABOUT 41 YEARS S/O G.P. NARASIMHA REDDY R/ AT NO.E-2588, 7TH CROSS 13TH MAIN ROAD, 'E' BLOCK SAHAKARA NAGAR BENGALURU 560 092 2. SMT. HEMA Y P AGED ABOUT 43 YEARS D/O LATE H PUTTASWAMY W/O NAGARAJ GOWDA K V RESIDING AT NO.51 GROUND FLOOR 1ST CROSS, 4TH MAIN ROAD SANKARA NAGARA MAHALAKSHMIPURAM BENGALURU-560 098 3. SRI. N.B. GURUDEVA AGED ABOUT 59 YEARS S/O N.L. BYREGOWDA RESIDING AT NO.4, FTI COLONY NEAR WATER TANK, 1ST FLOOR NANDINI LAYOUT BENGALURU-560 096 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3260 WP No. 34390 of 2025 (PROPER ADDRESS OF PETITIONER NO.3 IS WRONGLY STATE BY PLAINTIFF IN THE CAUSE TITLE OF THE PLAINT) …PETITIONERS (BY SRI. H N VENKATESHA., ADVOCATE) AND: SMT. S. HEMAVATHI AGED ABOUT 64 YEARS W/O LATE SIDDAIAH RESIDING AT OLD NO. 105 NEW NO. 32/1, 5TH CROSS 5TH MAIN, RAGHAVENDRA COLONY CHAMARAJAPET BENGALURU-560 018 …RESPONDENT (BY SRI. B C AVINASH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TOI) CALL FOR RECORDS OF O.S. NO. 6749/2018, PENDING ON THE FILE OF LX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-61), BENGALURU, INCLUDING THE ORDER PASSED ON I.A. NO. VI, DTD. 26-09-2025 AND PERUSE THE SAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3260 WP No. 34390 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORDER 1. This petition by the defendants in O.S.No.6749/2018 is directed against the impugned order dated 26.09.2025, passed by the LX Additional City Civil and Sessions Judge, Bangalore, whereby the said application filed by the respondent / plaintiff under Order VI Rule 17 of CPC., seeking amendment of the plaint was allowed by the Trial Court. 2. Learned counsel for the respondent submits that the respondent intends to file additional affidavit to the application I.A.No.6 for amendment filed by her and the impugned order may be set aside and the matter be remitted back to the Trial Court for reconsideration of I.A.No.6, afresh in accordance with law. 3. The submission is placed on record. 4. In view of the aforesaid factual circumstances and the submission made by the respondent / plaintiff that he would file an additional / better affidavit in support of - 4 - HC-KAR NC: 2026:KHC:3260 WP No. 34390 of 2025 I.A.No.6, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court for reconsideration of I.A.No.6 afresh in accordance with law. 5. In the result, I pass the following; ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 26.09.2025passed in O.S.No.6749/2018 by the LX Additional City Civil and Sessions Judge, Bangalore, is hereby set aside. The matter is remitted back to the Trial Court for reconsideration of I.A.No.6 afresh in accordance with law. (iii) Liberty is reserved in favour of the respondent to file additional / better affidavit in support of I.A.No.6. - 5 - HC-KAR NC: 2026:KHC:3260 WP No. 34390 of 2025 (iv) In the event, the respondent files additional / better affidavit in support of I.A.No.6 for amendment filed by her, the petitioners would be entitled to file a counter affidavit to the same. (v) The Trial Court is directed to reconsider I.A.No.6 afresh and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE GH List No.: 1 Sl No.: 14