IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2679 OF 2026 (GM-CPC)

BETWEEN:

MRS. ABIDA BEGUM, W/O. SYED HAFEEZ UR REHMAN, AGED ABOUT 68 YEARS, RESIDENT OF SHOP NO.1, GROUND FLOOR AND SECOND FLOOR, SILVER PLAZA, NO.95/1, EBRAHIM SAHIB STREET, BENGALURU – 560 001 …PETITIONER (BY SRI. BALARAJ A. C., ADVOCATE)

AND:

MR.N. S. MACHENDER, S/O.LATE.N.SHANKER RAO, AGED ABOUT 65 YEARS, RESIDENT OF SILVER PLAZA, Digitally signed by NO.95/1, EBRAHIM SAHIB STREET, MADHURI S BENGALURU – 560 001 Location: H igh …RESPONDENT Court of Karnataka (BY SRI. M. D. RAGHUNATH, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED ON I.A. NOS. 4 AND 5 FILED FOR GRANT OF PERMISSION TO AMEND THE WRITTEN STATEMENT, BY THE LEARNED LXXXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU IN COM.O.S.NO. 1066 OF 2024 VIDE ANNEXURE-F 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

This petition by the defendant in Com.O.S.No.1066/2024 is directed against the impugned order dated 18.12.2025, whereby the applications, I.A.Nos.4 and 5 filed by the petitioner seeking amendment of written statement and to put forth a counter claim were rejected by the trial Court by holding as under:

“Order on IAs.No.4 & 5 Plaintiff filed this suit seeking a judgment and decree of eviction of the defendant from the suit property, recovery of arrears of rents, mesne profits, etc. Having paid her appearance, the defendant Smt.Adiba Banu on 29.11.2024, filed her written statement traversing the plaint averments and requested the court to dismiss the suit with exemplary and compensatory costs. On the basis of the pleadings, on 19.12.2024, this court had framed four issues, casting burden upon the plaintiff to prove termination of tenancy, liability of the defendant to pay the arrears of rents etc. The plaintiff himself examined as PW.1 and marked seven documents and he was also subjected to cross-examination. The defendant, Smt.Adiba Banu, examined her son - Mr.Syed Hafeez-Ur-Rehman, as DW.1 and marked her original Aadhaar card as Ex.D.1. D.W.1 was also subjected to crossexamination. At this juncture, the defendant has filed IA No.4 under Order VI Rule 17 of CPC, proposing amendment to the written statement. She proposed amendment paragraph No.15, Sub-numbered as Paragraph No.15(a) to 15(h), runs into six pages. She has also proposed a counterclaim for recovery of Rs.20,75,000/-, which she allegedly deposited with the plaintiff towards refundable security deposit along with interest thereon at the rate of 24% per annum.

2. She has also filed IA No.5 under Section 151 of CPC, seeking permission to file application for amendment and for counterclaim.

3. Advocate for plaintiff filed his detailed objections and requested the court to reject the applications.

4. The court has heard both the sides.

5. The points arises for the court’s consideration are as under:

1. Whether the proposed amendment is necessary to determine the real controversy in dispute between the parties?

2. Whether the defendant has made out that despite due diligence, she could not able to raise the matter before the commencement of trial?

3. What Order?

6. My answer to the above points are as under:

Point No.1 : In the negative, Point No.2 : In the negative, Point No.3 : As per the final order for the following;

REASONS The proposed amendment is as follows:

15(a). That it is further humbly submitted that, as the defendant being tenant of the Schedule A Premises by virtue of a Lease Deed (Rental Agreement) dt:1.8.1998 and which lease was being extended from time to time by the plaintiff without any issues/ problems and on the defendant obtaining the Schedule A premises commenced Textile business in the name of M