- 1 - HC-KAR NC: 2026:KHC:9182 WP No. 22912 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22912 OF 2024 (GM-CPC) BETWEEN: KEERI BAI W/O LATE LACHA NAIKA, AGE ABOUT 75 YEARS, R/O HEDNE VILLAGE, HUCHAVVANAHALLI PIRKA, MAYAKONDA HOBLI, P. O.: DAVANGERE – 577 005 DAVANGERE TALUK AND DISTRICT REPRESENTED BY HER BY GPA HOLDER SAKAMMA @ SMT. SHARAVATHI D/O LACHANAIK, W/O DEVENDRA NAIK, AGED ABOUT 54 YEAR R/AT T. B. ROAD, SHIVANANDA RICE MILL ROAD, NARASIMHARAJAPURA, CHIKKAMAGALURU DISTRICT …PETITIONER (BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE) AND: SRI KALAPPA S/O KRISHNA NAIK, AGED ABOUT 54 YEARS R/O HEDNE VILLAGE, HUCHAVVANAHALLI PIRKA MAYAKONDA HOBLI, P. O. DAVANGERE – 577 005 DAVANGERE TALUK AND DISTRICT …RESPONDENT (BY SRI. SHIVAGONDAPPA S. ZULAPI, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9182 WP No. 22912 of 2024 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH OF THE IMPUGNED ORDER DATED 11/06/2024 ON IA NO. 17 PASSED BY THE 1ST ADDL. SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE IN O.S.NO. 113/2018 VIDE ANNX- E. 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 This petition by the plaintiff in O.S.No.113/2018 is directed against the impugned order dated 11.06.2024 passed by the Addl. Senior Civil Judge and JMFC, Davanagere (for short “the Trial Court”), whereby the application, I.A.No.17 filed by the petitioner under Order VI Rule 17 CPC seeking amendment of schedule to the plaint was rejected by the Trial Court, by coming to the conclusion that the said amendment was sought for after commencement of trial and there was no supporting document in this regard. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record including the impugned order will indicate that the Trial Court failed to consider - 3 - HC-KAR NC: 2026:KHC:9182 WP No. 22912 of 2024 and appreciate that the merit/demerits of the rival contentions cannot be gone into while considering an application for amendment as held by the Apex Court in the case of Rajesh Kumar Aggarwal & Ors vs K.K. Modi & Ors – AIR 2006 SC 1647. So also, the impugned order is contrary to the principles laid down in decisions of the Apex Court in the cases of Life Insurance Corporation of India v Sanjeev Builders Private Limited and Ors -– AIR 2022 SC 4256 and Dinesh Goyal @pappu v. Suman Agarwal (bindal) & ors. 2024 INSC 726 and also the judgment of a Co-ordinate Bench of this Court in the case of Mohammed Rafi & Another Vs. Bandenawaz & others – W.P.No.108512/2025 dated 16.12.2025. (Dharwad Bench). Under these circumstances, I am of the view that the impugned order passed by the Trial Court has occasioned failure of justice warranting interference by this Court. 4. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 11.06.2024 passed on I.A.No.17 in O.S.No.113/2018 by the I Additional Senior Civil Judge and JMFC, Davanagere, is set aside. - 4 - HC-KAR NC: 2026:KHC:9182 WP No. 22912 of 2024 (iii) Consequently, I.A.No.17 is allowed. (iv) Liberty is reserved in favour of the defendants to file additional written statement to the amended plaint. (v) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. (vi) The Trial Court is directed to dispose of the suit as expeditiously as possible and preferably, within a period of one year from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 28