IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 38592 OF 2025 (GM-CPC)

BETWEEN:

1. M/S S6 INFRA, (A PARTNERSHIP FIRM)

HAVING ITS OFFICE AT NO. 202, PRADHAM REGENCY, ANAND NAGAR (BEHIND HEA POLYTECHNIC), MARATHAHALLI, BANGALORE - 560 037.

REPRESENTED BY ITS PARTNER, NAMELY, PETITIONER NO. 2 AND 3 HEREUNDER REGISTERED UNDER INDIAN PARTNERSHIP ACT.

2. MRS. T. ANURADHA, W/O SRI TV PRASAD PARTNER M/S S6 INFRA Digitally signed by CHANDANA AGED ABOUT 55 YEARS B M Location: H igh RESIDING AT NO. 202, Court of PRADHAM REGENCY, ANAND NAGAR Karnataka (BEHIND HEA POLYTECHNIC), MARATHAHALLI, BANGALORE - 560 037.

3. MR. N. RAMESH BABU PARTNER, M/S S 6 INFRA AGED ABOUT 51 YEARS RESIDING AT NO. 202, PRADHAM REGENCY, ANAND NAGAR (BEHIND HEA POLYTECHNIC), MARATHAHALLI, BANGALORE - 560 037.

…PETITIONERS (BY SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL FOR SMT. RACHANA BHARADWAJ R, ADVOCATE)

AND:

1. SMT. R. NIRMALA W/O SRI. RAVISEKHAR REDDY, AGED ABOUT 34 YEARS RESIDING AT MADAKAIRA, ANANTAPURA DISTRICT, ANDHRA PRADESH -515 301.

2. SRI. S.S. BANTOSH S/O SRI. S. J. SUBRAMANYAM, AGED ABOUT 33 YEARS RESIDING AT MADAKAIRA, ANANTAPURA DISTRICT, ANDHRA PRADESH - 515 301. 3. MR. ROHAN SHIVKUMAR, AGED ABOUT 41 YEARS, S/O SRI. N. SHIVA KUMAR RESIDING AT NO. 181, ARMADALE, WHITEFIELD MAIN ROAD, WHITEFIELD, BANGALORE - 560 066.

4. M/S. RITIKA PRIVATE LIMITED, (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956)

SUNDARI ARMADALE PLOT NO. 33, GROUND FLOOR, WHITE FIELD MAIN ROAD, CHAITANYA ARMADALE (ADJACENT TO FORUM VALUE MALL)

BANGALORE - 560 066.

REPRESENTED BY ITS MANAGER/

AUTHORIZED REPRESENTATIVE.

5. M/S BEIJING HOTELS PVT. LTD (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956)

SUNDARI ARMADALE PLOT NO. 33, FIRST FLOOR, CHAITANYA ARMADALE (ADJACENT TO FORUM VALUE MALL)

WHITE FIELD MAIN ROAD, BANGALORE - 560 066 REPRESENTED BY ITS MANAGER/

AUTHORIZED REPRESENTATIVE.

6. M/S ZONE MIND AND BODY STUDIO PVT. LTD., (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956)

SUNDARI ARMADALE, PLOT NO. 33, SECOND FLOOR, CHAITANYA ARMADALE (ADJACENT TO FORUM VALUE MALL)

WHITE FIELD MAIN ROAD, BANGALORE - 560 066 REPRESENTED BY ITS MANAGER/

AUTHORIZED REPRESENTATIVE.

7. M/S CAFEZINHO (A PARTNERSHIP FIRM)

OCCUPANT OF THE ENTIRE TERRACE FLOOR, SUNDARI ARMADALE PLOT NO. 33, CHAITANYA ARMADALE (ADJACENT TO FORUM VALUE MALL)

WHITE FIELD MAIN ROAD, BANGALORE - 560 066, NO. 33, REPRESENTED BY ONE OF ITS MANAGING PARTNER MS. NISHITHA BARDHAN …RESPONDENTS (BY SRI. N.G. SREEDHAR, ADVOCATE FOR R1 AND R2;

NOTICE TO R3 TO R7 IS DISPENSED WITH)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. CALL FOR RECORDS PERTAINING TO THE ORDER DATED 19.09.2025, PASSED IN O.S.NO.546 OF 2011 ON THE FILE OF THE LEARNED IV ADDITIONAL SENIOR CIVIL JUDGE BANGALORE RURAL, BANGALORE (ANNEXURE-A2) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

Sri N G Sreedhar, learned counsel is directed to accept notice for respondents 1 and 2.

2. This petition by the defendants No.1 to 3 in OS No.5646/2011 is directed against the impugned order dated 19.09.2025 whereby the application filed by the respondent Nos.1 and 2 - plaintiffs under Order VI Rule 17 CPC seeking amendment of the plaint by incorporating the additional relief of refund and damages was allowed by the trial Court.

3. A perusal of the material on record will indicate that the respondents No.1 and 2 instituted the aforesaid suit against petitioner Nos.1 to 3 - defendants No.1 to 3. and respondent No. 3-defendant No. 4 and other defendants for specific performance and other reliefs in relation to the suit schedule immovable property. The said suit having been contested by the defendants, the matter was posted for trial and at the stage of defendants' evidence, the respondents No.1 and 2 filed the instant application seeking amendment of the