- 1 - HC-KAR NC: 2026:KHC:4285 WP No. 39538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39538 OF 2025 (GM-CPC) BETWEEN: SMT. UMADEVI W/O. J. RAJANNA AGED ABOUT 55 YEARS, R/AT NO. 10, GOPALAKRISHNA LAYOUT, SUBRAMANYAPURA POST, BENGALURU - 560 061. REP BY SPA HOLDER SRI. J. RAJANNA. …PETITIONER (BY SRI. V. VISWANATH SETTY, ADVOCATE) AND: 1. SMT. HEMALATHA M W/O.A.DEVARAJ AGED ABOUT 55 YEARS R/AT NO.39, GOVARDHANA GARDEN YELACHENAHALLI, KANAKAPURA MAIN ROAD, BENGALURU - 560 062. 2. SMT. KAVITHA ANGADI W/O.KASHIRAM PAWAR AGED ABOUT 53 YEARS R/AT KOUMADI RESIDENCY RAJESHWARI NAGAR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4285 WP No. 39538 of 2025 BENGALURU - 560 052 ALSO HAVING BUSINESS AT M/S.RAJ INTERNATIONAL 2ND FLOOR, PROPERTY NO.39 GOVARDHANA GARDEN, YELACHENAHALLI, KANAKAPURA MAIN ROAD BENGALURU - 560 062. …RESPONDENTS (BY SRI. RANGASWAMY, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 3.11.2025 PASSED BY THE HON'BLE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-26), AND FURTHER BE PLEASED TO DISMISS THE APPLICATION I.A. NO.XIV FILED BY THE RESPONDENT NO.1 UNDER ORDER XXVI RULE 9 CPC IN O.S.NO.5790/2021 FOR AMENDMENT OF PLAINT VIDE ANNEXURE-G, BY ALLOWING THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition petitioner seeks the following reliefs: (a) Issue a writ of certiorari quashing the order dated 3.11.2025 passed by the Hon'ble X Additional city Civil and Sessions Judge, Bengaluru (CCH-26), and further be pleased to dismiss the application I.A. No.XIV filed by the Respondent No.1 under Order XXVI Rule 9 CPC in O.S. - 3 - HC-KAR NC: 2026:KHC:4285 WP No. 39538 of 2025 No.5790/2021 for amendment of plaint vide Annexure - G, by allowing the writ petition; (b) Grant such other relief/s as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice. 2. Learned counsel for the petitioner submits that since the trial Court has appointed a Court Commissioner pursuant to the impugned order dated 03.11.2025, nothing further survives in the present petition and the same may be disposed of reserving liberty in favour of the petitioner to file objections to the Commissioner's report and examine/cross- examine him if the occasion so arises. 3. Submission is placed on record. 4. Petition disposed of reserving liberty in favour of both parties to file objections, if any, to the report of the Court Commissioner appointed by the trial Court pursuant to the impugned order. Liberty is also reserved in favour of both parties to examine/cross-examine the Court Commissioner if they so desire. Subject to the aforesaid directions and leaving - 4 - HC-KAR NC: 2026:KHC:4285 WP No. 39538 of 2025 open all contentions to be decided by the trial Court in accordance with law, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 25