- 1 - HC-KAR NC: 2026:KHC:5643 WP No. 35839 of 2025 C/W WP No. 38676 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35839 OF 2025 C/W WRIT PETITION NO. 38676 OF 2025 (GM-CPC) IN WP No. 35839/2025: BETWEEN: 1. SRI M TEJ KUMAR S/O M. SUBRAMANYAM, AGED ABOUT 53 YEARS, 2. SMT. M. VARALAKSHMI W/O SRI. M. TEJ KUMAR, AGED ABOUT 45 YEARS, BOTH R/AT NO. 7219, BALLERA COURT, CHARLOTTE, NORTH CAROLINA - 28277, USA. ALSO R/AT FLAT NO. 202, HINDU TOWER R.C ROAD, THIRUPATHI-517501. ALSO R/NO. 108, A BLOCK, GROUND FLOOR, NEW MUNICIPAL NO. 26, MAJESTIC RESIDENCY APARTMENT, TAVAREKERE POST, NEW GURRAPPAN PALYA, BENGALURU 560 029. …PETITIONERS (BY SRI. KESHAV M DATAR., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5643 WP No. 35839 of 2025 C/W WP No. 38676 of 2025 AND: 1. MR. CHANDRASHEKAR VISHWANATH S/O MR. VISHWANATH, AGED ABOUT 48 YEARS 2. MS. ARCHANA CHANDRASHEKAR, W/O SRI CHANDRASHEKAR VISHWANATH, AGED ABOUT 46 YEARS BOTH R/AT NO. 108, A BLOCK, GROUND FLOOR. NEW MUNCIPAL NO. 26, MAJESTIC RESIDENCY APARTMENT, TAVAREKERE POST, NEW GURRAPPAN PALYA, BENGALURU-560 029 …RESPONDENTS (BY SRI.M.N.RAMESHA, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HON'BLE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-53) TO DISPOSE OFF THE SUIT BEARING O.S.NO.5976/2021 WITHIN A PERIOD OF 1 YEAR VIDE ANNEXURE - A. IN WP NO. 38676/2025: BETWEEN: 1. SRI M TEJ KUMAR S/O. M. SUBRAMANYAM, AGED ABOUT 53 YEARS, 2. SMT. M. VARALAKSHMI, W/O SRI. M. TEJ KUMAR, AGED ABOUT 45 YEARS, - 3 - HC-KAR NC: 2026:KHC:5643 WP No. 35839 of 2025 C/W WP No. 38676 of 2025 BOTH ARE R/AT NO. 7219, BALLERA COURT, CHARLOTTE, NORTH CAROLINA - 28277, USA. ALSO RESIDING AT FLAT NO. 202, HINDU TOWER R.C ROAD, THIRUPATHI-517501. ALSO R/AT NO. 108, 'A' BLOCK, GROUND FLOOR, NEW MUNICIPAL NO. 26, MAJESTIC RESIDENCY APARTMENT, TAVAREKERE POST, NEW GURRAPPAN PALYA, BENGALURU - 560 029 ...PETITIONERS (BY SRI. KESHAV M DATAR., ADVOCATE) AND: 1. MR CHANDRASHEKAR VISHWANATH S/O MR. VISHWANATH, AGED ABOUT 48 YEARS 2. MS. ARCHANA CHANDRASHEKAR, W/O SRI CHANDRASHEKAR VISHWANATH, AGED ABOUT 46 YEARS BOTH ARE RESIDING AT NO. 108, 'A' BLOCK, GROUND FLOOR, NEW MUNCIPAL NO. 26, MAJESTIC RESIDENCY APARTMENT, TAVAREKERE POST, NEW GURRAPPAN PALYA, BENGALURU - 560 029. ...RESPONDENTS (BY SRI. M.N.RAMESHA., ADVOCATE FOR R1 AND R2) - 4 - HC-KAR NC: 2026:KHC:5643 WP No. 35839 of 2025 C/W WP No. 38676 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. CALL FOR RECORD IN O.S. NO. 5796/2021 PENDING BEFORE THE HON'BLE LII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-53) VIDE ANNEXURE - K. THESE PETITIONS, 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 Both these petitions arise out of the suit in O.s.No.5796 of 2021 on the file of the LII Additional City Civil and Sessions Judge, Bengaluru (CCH-53). 2. The petitioners in both the petitions are the plaintiffs in the suit while the respondents are the defendants in the said suit. 3. W.P.No.35839 of 2025 is filed by the petitioners /plaintiffs seeking expeditious disposal of the suit. 4. W.P.No.38676 of 2025 is filed by the petitioners /plaintiffs aggrieved by the impugned order dated 11.12.2025, whereby, the application, I.A.No.1 of 2023 filed by the respondents/defendants seeking amendment - 5 - HC-KAR NC: 2026:KHC:5643 WP No. 35839 of 2025 C/W WP No. 38676 of 2025 of the written statement by incorporating the additional pleadings was allowed by the Trial Court, by holding as under: "Interim application No.1/2023 filed by the defendant under order 6 Rule 17 of CPC is hereby allowed. The defendants are hereby permitted to carry out the amendment in the W.S. and file the amended W.S. before next date of hearing". 5. A perusal of the impugned order will indicate that the Trial Court has come to the correct conclusion that the proposed amendment was relevant and necessary for the purpose of adjudication of the issues in controversy between the parties and that the proposed amendment does not seek to withdraw any admission made by the respondents/defendants in the original written statement, which would have the effect of taking away a valuable right said to have accrued in favour of the petitioners/plaintiffs. The Trial Court has also come to the correct conclusion that the proposed amendment did not change or alter the nature or character of the suit or its - 6 - HC-KAR NC: 2026:KHC:5643 WP No. 35839 of 2025 C/W WP No. 38676 of 2025 cause of action or the defence already putforth by the respondents/defendants. 6. A perusal of the proposed amendment will indicate that insofar as the contention of the learned counsel for the petitioners that the proposed amendment is barred by limitation is concerned, the said contention of the petitioners can be addressed by directing that the proposed amendment shall not relate back to the date of the written statement but shall be reckoned/considered from the date on which, the amendment application dated 23.05.2023 was filed by the respondents/defendants, by keeping open the question of limitation to be decided by the Trial Court, in accordance with law as per the principles enumerated by the Apex court in the cases of Sampath Kumar Vs. Ayyakannu and Others – AIR 2002 SC 3369 and L.C.Hanumanthappa Vs. H.B.Shivakumar - AIR 2015 SC 3364. Under these circumstances, I am of the view that the impugned order dated 11.12.2025 does not warrant interference by this Court, in the exercise of - 7 - HC-KAR NC: 2026:KHC:5643 WP No. 35839 of 2025 C/W WP No. 38676 of 2025 its jurisdiction as held in the case of (i) Radhey Shyam & others Vs. Chhabi Nath & Others - (2015) 5 SCC 423 (ii) K.P.Natarajan & Others Vs. Muthalammal & Others - AIR 2021 SC 3443 (iii) Mohammed Ali Vs. Jaya - (2022) 10 SCC 477. 7. In the result, I pass the following: ORDER i) W.P.38676 of 2025 is disposed of, without interfering with the impugned order. ii) I.A.No.1 of 2023 filed by the respondents/ defendants is hereby allowed, subject to the condition that the proposed amendment shall not relate back to the date of filing of the written statement by the respondents/ defendants but shall be reckoned/considered from the date of filing of the amendment application dated 23.05.2023. - 8 - HC-KAR NC: 2026:KHC:5643 WP No. 35839 of 2025 C/W WP No. 38676 of 2025 iii) Liberty is reserved in favour of the petitioners/ plaintiffs to file rejoinder/reply to the amended written statement and take up all contentions including the contention of limitation. iv) All rival contentions on all aspects of the matter including limitation is kept open to be decided by the Trial Court, in accordance with law. v) W.P.No.35839 of 2025 is disposed of, directing the Trial Court to dispose of the suit as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 1 Sl No.: 16