- 1 - HC-KAR NC: 2026:KHC:579 WP No. 37254 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 37254 OF 2025 (GM-CPC) BETWEEN: 1. SRI D ARUNA S/O. LATE PATEL DEVAPPAGOWDA, AGED ABOUT 81 YEARS, 2. SRI. A. ABHIJITH S/O. SRI. D. ARUNA, AGED ABOUT 46 YEARS, BOTH ARE COFFEE PLANTERS RESIDING AT ARAMANE TALAGURU VILLAGE, BAALURU HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT-577 101. ALSO AT FLAT NO. F72 OAKYARD APARTMENTS, 38TH CROSS, 9TH BLOCK, JAYANAGAR, BENGALURU – 560 041. …PETITIONERS (BY SRI. SUNIL.S.RAO, ADV. FOR SRI. T. SESHAGIRI RAO, ADV.) AND: SRI SANDESH K C S/O. SRI. CHANDREGOWDA, AGED ABOUT 42 YEDARS, RESIDING AT KELAGURU VILLAGE, BAALURU HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT-577 101. …RESPONDENT (BY SRI. N.R. RAVI KUMAR, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:579 WP No. 37254 of 2025 THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUITON OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER TO SET ASIDE IN THE O.S.NO.4/21 THE IMPUGNED ORDER DATED 27.11.2025 FOUND AT ANNEXURE-A AND SENIOR CIVIL JUDGE AND SMFC MUDIGERE. CONSEQUENTLY, PASS NECESSARY ORDERS TO ALLOW THE APPLICATION ONE FILED BY THE PETITIONERS HEREIN UNDER ORDER XIV RULE 5 READ WITH SECTION 151 OF CPC (LA NO. XVI) FOUND AT ANNEXURE-F TO THE WRIT PETITION. 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 defendants 1 and 2 in O.S.No.4/2021 is directed against the impugned order dated 27.11.2025 passed on I.A.No.16, whereby the said application filed by the petitioners- defendants under Order 14 Rule 5 CPC seeking framing of two additional issues was rejected by the trial court. 2. A perusal of the material on record will clearly indicate that the respondent-plaintiff instituted the aforesaid suit against the petitioners – defendants for refund of advance amount of Rs.38,10,000/- together with interest and for reliefs. The said suit having been contested by the petitioners – defendants, the trial court framed four issues, pursuant to which, the parties adduced oral and documentary evidence and the matter was posted for final - 3 - HC-KAR NC: 2026:KHC:579 WP No. 37254 of 2025 arguments. At that stage, petitioners – defendants moved the instant application seeking framing of two additional issues on the ground that the specific pleadings warranting framing of additional issues have been put forth at paragraphs 10 and 11 of the written statement of the petitioners – defendants. The said application having been opposed by the respondent – plaintiff, the trial court proceeded to pass the impugned order rejecting the application, aggrieved by which, the petitioners are before this Court by way of the present petition. 3. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 4. Though several contentions have been urged by both sides in support of their respective claims, it is an undisputed fact borne out from the material on record that subsequent to filing the instant application for framing of additional issues, petitioners have filed two more applications one under Order 6 Rule 17 CPC seeking amendment of the written statement and another application under Section 149 of CPC for enlarging the time for payment of court fee, which are pending consideration before the trial court. It is needless to state that the order to be passed on the - 4 - HC-KAR NC: 2026:KHC:579 WP No. 37254 of 2025 amendment application will have a bearing on the issues to be framed by the trial court in the suit. Under these circumstances, 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 the application I.A.No.16 as well as the application filed by the defendants under Order 6 Rule 17 CPC seeking amendment of the written statement and also the application under Section 149 of CPC for enlarging the time for payment of court fee, both of which are pending adjudication before the trial court. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 27.11.2025 passed on I.A.No.16 by the trial court in O.S.No.4/2021 is hereby set aside. (iii) The matter is remitted back to the trial court for reconsideration I.A.No.16 afresh in accordance with law. (iv) In addition to reconsidering and disposing of I.A.No.16 afresh in accordance with law, the trial court shall also hear and - 5 - HC-KAR NC: 2026:KHC:579 WP No. 37254 of 2025 dispose of all pending applications including the application filed by the petitioners – defendants under Order 6 Rule 17 CPC for amendment of written statement and the application filed by the petitioners – defendants under Section 149 of CPC for enlarging / extension of time to pay the court fee. (v) The trial court shall dispose of all the three applications in accordance with law after hearing both parties as expeditiously as possible within a period of three months from the date of receipt of a copy of this order. (vi) 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 Srl.