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2026 DAILYLAW 9457 (KAR)

SMT K NAGARATHNAMMA v. ASSISTANT ENGINEER BBMP

WP/25631/2025 · 2026-03-02

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12873 WP No. 25631 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25631 OF 2025 (GM-CPC) BETWEEN: SMT K NAGARATHNAMMA W/O. HANUMANTHAIAH M.V. AGED ABOUT 61 YEARS R/AT NO. 108, NAYANDAHALLI AT POST, MYSORE ROAD BENGALURU 560039. …PETITIONER (BY SMT. ROOPAVATHY M H, ADVOCATE FOR SRI. VINAYACHANDRA., ADVOCATE) AND: 1. ASSISTANT ENGINEER BBMP WARD NO.131, NAYANDHALLI WARD OFFICE, WEST ZONE BENGALURU 560039. 2. SOWMYA RANI ASSISTANT EXECUTIVE ENGINEER WEST-4, SUB DIVISION, BWSSB BENGALURU-560039. 3. ASSISTANT EXECUTIVE ENGINEER BBMP, WARD NO.131, NAYANDHALLI WARD OFFICE, WEST ZONE BENGALURU-560039. 4. EXECUTIVE ENGINEER WEST-4, SUB DIVISION BWSSB, BENGALURU - 560039. 5. EXECUTIVE ENGINEER BBMP, WARD NO. 131 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12873 WP No. 25631 of 2025 NAYANDHALLI, WARD OFFICE WEST ZONE, BENGALURU – 560039 …RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE FOR R1, R3 & R5: SRI M BYREGOWDA, ADVOCATE FOR R2 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DATED: 21.06.25 IN IA NO. 3 IN OS NO. 4114/21 ON THE FILE OF III ADDL. CITY CIVIL JUDGE AND SESSIONS JUDGE, BENGALURU (CCH 25), FILED AS ANNEXURE A AND ISSUE SUCH OTHER WRIT OR ORDER ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition has been filed by the petitioner- plaintiff under Articles 226 and 227 of Constitution of India challenging the order dated 21.06.2025 passed by the III Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as ‘Trial Court’ for short) on I.A.No.3 filed under Order VI Rule 17 read with Section 151 of CPC in O.S.No.4114/2021 vide Annexure-A, whereby the application filed by the plaintiff for amendment of the plaint has been rejected. - 3 - HC-KAR NC: 2026:KHC:12873 WP No. 25631 of 2025 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. The plaintiff has filed a suit for bare injunction against the defendants. Thereafter, she filed IA under Order VI Rule 17 read with Section 151 of CPC for amendment of the clause (b) of the prayer. The Trial Court by order dated 30.08.2024 allowed the said application and permitted the plaintiff to amend the plaint as sought in the application. Subsequently, I.A.No.3 has been filed by the plaintiff under Order VI Rule 17 read with Section 151 of CPC for amendment of the plaint and schedule to support her prayer under clause (b) of the said prayer. Thereafter, the Trial Court by impugned order dated 21.06.2025 rejected the application. Being aggrieved by the same, the plaintiff is before this Court. 4. Since the IA filed for amendment of the clause (b) of the prayer has been allowed, the subsequent amendment to the plaint as sought is necessary. - 4 - HC-KAR NC: 2026:KHC:12873 WP No. 25631 of 2025 5. At this stage, the learned counsel for the petitioner submits that the plaintiff undertakes not to seek any additional issues and that they will proceed with the matter. Therefore, in the interest of justice, the impugned order is liable to be set aside. 6. Hence, the following order is passed: ORDER a) The writ petition is allowed. b) The impugned order dated 21.06.2025 passed by the III Additional City Civil and Sessions Judge, Bengaluru on I.A.No.3 in O.S.No.4114/2021 vide Annexure-A is set aside. c) I.A.No.3 is hereby allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA