IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 36819 OF 2025 (GM-CPC)

BETWEEN:

K. RAJA AGED ABOUT 64 YEARS, S/O LATE KRISHNASWAMY NAIDU, NO.32/1, MOORE ROAD, 3RD CROSS, FRASER TOWN, BANGALORE - 560 005.

…PETITIONER (BY SRI. ABHISHEK HUDDAR, ADVOCATE)

AND:

1. MR. V. PRABHAKAR AGED ABOUT MAJOR, S/O LATE MR. VENKATESHULU NAIDU, Digitally NO.17, AGA ABAS ALI ROAD, signed by MADHURI S ULSOOR ROAD, BENGALURU - 560 042.

Location:

High Court of Karnataka 2. MRS. LATHASRI, AGED ABOUT MAJOR, W/O OF MR. K RAJA, NO.32/1, MOORE ROAD, III CROSS, FRASER TOWN, BENGALURU - 560 005.

3. MR. V THYAGARAJ, AGED ABOUT MAJOR, S/O OF LATE MR. VENKATESH NAIDU, NO.32/1, MOORE ROAD, III CROSS, FRASER TOWN, BENGALURU - 560 005. 4. MR. M. KRISHNAN, AGED ABOUT MAJOR, S/O LATE MR. MUNIRAJU NAIDU, NO.15, CHINNAPPA LAYOUT, KEMPAPURA, HEBBAL, BENGALURU - 560 024.

5. MR. E MUNIRATHNAM, AGED ABOUT MAJOR, S/O MR. ETHIRAJULU NAIDU, NEW NO.191/1, OLD NO.65/1, V CROSS, MALLESHWARAM, BENGALURU - 560 003.

6. THE SENIOR / SUB-REGISTRAR, SHIVAJINAGAR, BENGALURU - 560 001.

7. MR. GIRIRAJASHANKAR S/O LATE SRI. D VENKATESHULU NAID AGED ABOUT MAJOR, R/AT. NO.17, GROUND FLOOR, 1ST CROSS, AGA ABBAS ALI ROAD, ULSOOR, BENGALURU - 560 042.

…RESPONDENTS (BY SRI. S. SREEVATSA, SR. ADVOCATE FOR SRI. YUKTHA ANIL, ADVOCATE FOR R1;

NOTICE TO R2 TO R7 DISPENSED WITH ON 08.12.2025)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 28.11.2025, PASSED ON I.A.NO.2/2025 (ANNEXURE-N) IN O.S.NO.2192/2008, WHICH IS PENDING BEFORE HONBLE XXVII ADDI CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CH-9), WHICH IS BEFORE IN CHARGE COURT, HONBLE XLI ADDL. CITY CIVIL JUDGE, BENGALURU (CCH-42) AND ETC., THIS PETITION, 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

This petition by the 1^st defendant in O.S.No.2192/2008 is directed against the impugned order dated 28.11.2025 passed by the XXVII Addl.City Civil and Sessions Judge, Bangalore, whereby the application I.A.No.2/2025 filed by the 1^st respondent – plaintiff under Order 6 Rule 17 CPC seeking amendment of the written statement / reply / rejoinder filed by the plaintiff to the counter claim filed by the petitioner was allowed by the trial court.

2. Heard learned counsel for the petitioner and learned Senior counsel for the 1^st respondent and perused the material on record.

3. A perusal of the material on record will indicate that the 1^st respondent – plaintiff instituted the aforesaid suit against the petitioner – 1^st defendant and defendants 2 to 7 for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioner – 1^st defendant who not only filed his written statement but also put forth a counter claim against the plaintiff who filed his written statement / reply / rejoinder and contested the counter claim.

4. The 1^st respondent – plaintiff filed the instant application I.A.2/2025 seeking amendment of the written statement / reply / rejoinder filed by him to the counter claim of the petitioner – 1^st defendant. The said application having been opposed by the petitioner, the trial court proceeded to allow the application by permitting the 1^st respondent – plaintiff to rectify and correct certain typographical / clerical errors and mistakes that had crept into the written statement / reply / rejoinder by allowing the plaintiff to amend his pleadings in this regard by holding as under:-

ORDER ON I.A.No.2/2025 The learned counsel for the plaintiff has filed I.A.

No.2/2025 under Order 6 Rule 17 read with Section 151 of C.P.C. to permit the plaintiff to amend the written-statement filed to the counter claim of defendant No.1 on 11.08.2025 in order to rectify the typographical and clerical error that have crept into the written-sta