Karnataka High Court
WP/25000/2026 of M/S ASSA REAL ESTATE PRIVATE LIMITED Vs M/S KALASA ESTATE on 11 August 2026
CNR: KAHC010553882026 NC: 2026:KHC:42580 WP No. 25000 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.25000 OF 2026 (GM-CPC) BETWEEN: M/S ASSA REAL ESTATE PRIVATE LIMITED
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.25000 OF 2026 (GM-CPC)
BETWEEN:
M/S ASSA REAL ESTATE PRIVATE LIMITED
REPRESENTED BY ITS DIRECTOR,
MR. SALMAN SIDDIQI,
AGED ABOUT 52 YEARS,
RESIDENTIAL AT NO.18, 1ST FLOOR,
7TH MAIN ROAD, HRBR LAYOUT,
KALYANANAGARA,
BANGALORE – 560 043.
(A COMPANY REGISTERED UNDER
COMPANIES ACT, 2013)
…PETITIONER
(BY SRI. SUNIL S RAO, ADVOCATE FOR
SRI. MATEEN KHAN, ADVOCATE)
AND:
1.
M/S KALASA ESTATE
A PARTNERSHIP FIRM OFFICE AT
KALASA ESTATE, KALASA TALUK,
CHIKKAMANGALUR DISTRICT – 577 124
REPRESENTED BY ITS PARTNERS
MR. ALAGHU VAIRAM.
S/O S.O.S SOCKALINGAM,
AGED ABOUT 31 YEARS
(A PARTNERSHIP FIRM REGISTERED UNDER INDIAN
PARTNERSHIP ACT)
2.
MR. MOHAMMED HARISS,
S/O MOHAMMED SADIQ SIDDIQ,
AGED ABOUT 55 YEARS,
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
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RESIDING AT ROYAL BENS WOOD,
NO.90, NAGENAHALLI CROSS, BUS STOP,
KANNUR POST, BAGALUR,
BENGALURU – 562 149.
…RESPONDENTS
(BY SRI. A.SAMPATH, ADVOCATE FOR C/R1)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE, THE
IMPUGNED ORDER ON REJECTING AMENDMENT APPLICATION
DATED 30.07.2026, NAMELY I.A.NO.XIV, BY ITS IMPUGNED
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ORDER
DATED 06.08.2026, IN SUIT O.S.NO.44/2025, PENDING ON FILE OF SENIOR CIVIL JUDGE & JMFC, AT MUDIGERE VIDE ANNEXURE-A AND ETC
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Aggrieved by the order dated 06.08.2026 passed in I.A.No.XIV in O.S.No.44/2025 by the Senior Civil Judge and JMFC, Mudigere, the petitioner/defendant No.2 is before this Court.
2. The respondent No.1 herein, who is the plaintiff, filed O.S.No.44/2025 under Section 6 of the Specific Relief Act, 1963. In the suit, defendant No.2 filed I.A.No.XIV under Order 6 Rule 17 read with Section 151 of the CPC seeking an
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amendment to the written statement. That application was dismissed by the trial Court.
3. While dismissing the application, the trial Court observed that the plaintiff had no objection to the amendment of the written statement. However, considering the fact that it is a suit filed under Section 6 of the Specific Relief Act, the trial Court considered how the case had to be treated, even if the plaintiff had no objection.
4. Having heard the learned counsel on either side, perused the impugned order. There is no infirmity with the order passed by the trial Court. However, without unnecessarily delaying the matters and dragging on the proceedings, this Court deems it appropriate to pass a following order:
ORDER
i. The order dated 06.08.2026 passed in I.A.No.XIV in O.S.No.44/2025 by the Senior Civil Judge and JMFC, Mudigere, is set aside. Consequently, I.A.No.XIV is allowed.
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ii. The trial Court is directed to complete the entire proceedings within a period of 3 months from the date of receipt of the copy of this order.
iii. The petitioner shall not take unnecessary adjournment and shall not delay the proceedings.
iv. Accordingly, the writ petition is allowed.
v. All I.As. in this petition shall stand closed.
Sd/- (LALITHA KANNEGANTI) JUDGE
MEG List No.: 1 Sl No.: 42