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Divisional Manager Vs Smt Nagarathna — Writ and Judicial Review | Karnataka HC (2026)

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Karnataka HC
2026
Divisional Manager Vs Smt NagarathnaDivisional Manager v. Smt Nagarathna

Disposed¶34

Divisional Manager v. Smt Nagarathna

Karnataka HC25 Jun 2026WP/6125/2026

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Justice Suraj Govindaraj; WP No. 6125 of 2026 (GM-AC); decided 25 June 2026. Petitioner: Divisional Manager, New India Assurance Company Limited (adv. Sri. Anup Seetharam Rao). Respondents: Smt. Nagarathna, Sri. Nagendra, Sri. Divakara C.K (R2-R3 adv. Sri. Kumara; notice to R1 dispensed with). Subject: writ under Article 227 Constitution of India against dismissal (order dt. 12.12.2025, Annexure-E) of amendment application I.A.No.11 under Order VI Rule 17 CPC in MVC No.1003/2022 (Senior Civil Judge, Periyapatna); MVC disposed of 04.04.2026 per counsel's submission; petition held infructuous and disposed of with liberty to agitate amendment contentions in appeal, if permissible. No precedent cited; no monetary award.

What did the court decide?

No substantive relief; liberty reserved to the petitioner to agitate all contentions raised in the amendment application in appeal filed, if so permissible.

Why is it important?

Since MVC No.1003/2022 has been disposed of by order dated 04.04.2026, the writ petition stands disposed of as infructuous, with liberty reserved to the petitioner to agitate all contentions raised in the amendment application in appeal filed, if so permissible. ¶34

What the court decided

AI extract

Outcome

No substantive relief; liberty reserved to the petitioner to agitate all contentions raised in the amendment application in appeal filed, if so permissible.

Issue for consideration

Whether the writ petition under Article 227 seeking quashing of the order dated 12.12.2025 dismissing amendment application I.A.No.11 in MVC No.1003/2022 remains tenable, given that the MVC has been disposed of by order dated 04.04.2026.

Court's answer

Since MVC No.1003/2022 has been disposed of by order dated 04.04.2026, the writ petition stands disposed of as infructuous, with liberty reserved to the petitioner to agitate all contentions raised in the amendment application in appeal filed, if so permissible.

Detailed headnote1 paragraphs

Writ Petition (GM-AC) No. 6125 of 2026 under Article 227 of the Constitution of India, filed by the Divisional Manager, New India Assurance Company Limited, challenging the order dated 12.12.2025 (Annexure-E) of the Senior Civil Judge, Periyapatna dismissing its amendment application I.A.No.11 filed under Order VI Rule 17 of the CPC in MVC No.1003/2022, and praying that the amendment sought be allowed. At the preliminary hearing, learned counsel for respondents submitted that MVC No.1003/2022 had been disposed of by order dated 04.04.2026, rendering the petition infructuous. Accepting this position, the Hon'ble Mr. Justice Suraj Govindaraj disposed of the writ petition, reserving liberty to the petitioner to agitate all contentions raised in the amendment application in appeal filed, if so permissible.

A

1 -

NC: 2026:KHC:31777 WP No. 6125 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6125 OF 2026 (GM-AC)

BETWEEN:

DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED, OPP: OLD RTO OFFICE MYSURU.

THROUGH ITS REGIONAL OFFICE MAHALAKSHMI CHAMBERS M.G.ROAD, BENGALURU-560 001 REGISTERED UNDER COMPANIES ACT VII OF 1913 REP. BY ITS ASSIST MANAGER

…PETITIONER

(BY SRI. ANUP SEETHARAM RAO, ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

SMT. NAGARATHNA W/O SRI. CHANDRAHASA AGED ABOUT 44 YEARS RESIDENT OF AMBALARE VILLAGE AMBALARE POST, HARANAHALLI HOBLI PERIYAPATNA TALUK-571 102

SRI. NAGENDRA S/O SOMASHEKAR AGED ABOUT 40 YEARS R/O CHANNAKAL KAVAL VILLAGE PERIYAPATNA TALUK MYSURU DISTRICT-571 102

2 - NC: 2026:KHC:31777 WP No. 6125 of 2026

HC-KAR

SRI. DIVAKARA C.K S/O KUTTAPPA AGED ABOUT 43 YEARS SUNKADAHALLI VILLAGE, NILAVADI POST PERIYAPATNA TALUK MYSURU DISTRICT-571 102

…RESPONDENTS

(BY SRI.KUMARA, ADVOCATE FOR R2 & R3; NOTICE TO R1 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 12.12.2025 AT ANNEX-E MADE ON IA NO. 11 FILED UNDER ORDER VI RULE 17 OF THE CPC IN MVC NO.1003/2022 BY THE HONBLE SENIOR CIVIL JUDGE, PERIYAPATNA AS PER ANNX-D AND TO ALLOW THE AMENDMENT SOUGHT FOR.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Learned Counsel Sri. Kumara, accepts notice for

respondent Nos.2 and 3. Notice to respondent No.1 is dispensed with in view of the proposed order to be passed.

2. Petitioner is before this Court seeking for the following reliefs:

3 - NC: 2026:KHC:31777 WP No. 6125 of 2026

HC-KAR

"a) to issue writ of certiorari quashing the Order dated 12.12.2025 at Annexure-E, made on I.A.No.11 filed under Order VI Rule 17 of the CPC in MVC No.1003/2022 by the Hon'ble Senior Civil Judge, Periyapatna, as per Annexure-O and to allow the amendment sought for,

b) to grant such other relief to which the petitioner may be found entitled to under the circumstances of the case in the interest of justice."

3. What is the essential challenge in the order dated 12.12.2025 dismissing an application for amendment in I.A.No.11 filed under Order VI Rule 17 of the Code of Civil Procedure in MVC.No.1003/2022, learned Counsel for respondents submit that the said MVC No.1003/2022 has been disposed of by order dated 04.04.2026 rendering the above petition infructuous .

4. In that view of the matter, reserving liberty to the petitioner to agitate all contentions raised in the amendment application in appeal filed, if so permissible, petition stands disposed of .

Sd/(SURAJ GOVINDARAJ) JUDGE

DL

List No.: 1 Sl No.: 25

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition under Article 227 seeking quashing of the order dated 12.12.2025 dismissing amendment application I.A.No.11 in MVC No.1003/2022 remains tenable, given that the MVC has been disposed of by order dated 04.04.2026.medium confidence¶33
The court held
Since MVC No.1003/2022 has been disposed of by order dated 04.04.2026, the writ petition stands disposed of as infructuous, with liberty reserved to the petitioner to agitate all contentions raised in the amendment application in appeal filed, if so permissible.ratio¶34

Statutes considered

2 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 227¶22
Code of Civil ProcedureOrder VI Rule 17¶31

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 12.12.2025 (Annexure-E) dismissing the petitioner's amendment application I.A.No.11 filed under Order VI Rule 17 of the CPC in MVC No.1003/2022¶33
Senior Civil Judge, Periyapatna · 12.12.2025
Prior proceeding
Petitioner's amendment application I.A.No.11 under Order VI Rule 17 CPC in MVC No.1003/2022 was dismissed by the Senior Civil Judge, Periyapatna by order dated 12.12.2025 (Annexure-E); the writ petition under Article 227 prays to quash that order and allow the amendment.¶22
Prior proceeding
As submitted by learned counsel for respondents at the preliminary hearing, MVC No.1003/2022 stood disposed of by order dated 04.04.2026, rendering the writ petition infructuous.¶33

Parties & counsel

AI extract

petitioner
Divisional Manager, New India Assurance Company Limited¶9
Sri. Anup Seetharam Rao
respondent
Smt. Nagarathna W/o Sri. Chandrahasa¶15
respondent
Sri. Nagendra S/o Somashekar¶16
Sri. Kumara
respondent
Sri. Divakara C.K S/o Kuttappa¶19
Sri. Kumara

Coram

AI extract

Suraj Govindarajauthor¶24

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 25 Jun 2026 · June
Registered: 21 Feb 2026
Case no.: WP/6125/2026
CNR: KAHC010132262026
Topic: Writ and Judicial Review
Bench: Suraj Govindara
Disposal: DISPOSED
Case type: WRIT PETITION (GM-AC)

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Cite this judgement

Divisional Manager v. Smt Nagarathna, WP/6125/2026 (KA), decided on 25 June 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticle 227
Code of Civil ProcedureOrder VI Rule 17

View all statutes

Procedural history3

Order dated 12.12.2025 (Annexure-E) dismissing the petitioner's amendment application I.A.No.11 filed under Order VI Rule 17 of the CPC in MVC No.1003/2022Senior Civil Judge, Periyapatna · 12.12.2025
Petitioner's amendment application I.A.No.11 under Order VI Rule 17 CPC in MVC No.1003/2022 was dismissed by the Senior Civil Judge, Periyapatna by order dated 12.12.2025 (Annexure-E); the writ petition under Article 227 prays to quash that order and allow the amendment.
As submitted by learned counsel for respondents at the preliminary hearing, MVC No.1003/2022 stood disposed of by order dated 04.04.2026, rendering the writ petition infructuous.

View full history

Bench / Coram

Suraj Govindaraj

Parties & counsel