IN THE HIGH COURT OF KARNATAK AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N S SANJAY GOWDA WRIT PETITION No.5661 of 2015 (GM-CPC) & WRIT PETITION NO.10634 OF 2015 BETWEEN 1 . SRI S N SHIVAKUMAR S/O LATE S NEELAKNATIAH, AGED ABOUT 45 YEARS, R/AT NO.4392, 9TH CROSS, SAINT MARY ROAD, 2 . SMT. RAJESHWARI W/O MAHENDRABABU, AGED ABOUT 60 YEARS, R/AT NO.4392, 9TH CROSS, SAINT MARY ROAD, MYSORE.
3 . SMT. SUMATHI W/O THIMMARAJU, AGED ABOUT 40 YEARS, R/AT MATHRUSHRI NILAYA, ANJANEYA NAGARA, BSK 3RD STAGE, BANGALORE-560 042.
4 . SMT. RATHNAMMA W/O M.V. VASUDEVA, AGED ABOUT 65 YEARS, R/AT 2ND MAIN 4TH BLOCK, JAYALAKSHMIPURAM, MSYORE.
...PETITIONERS (By SRI VIJAYAKUMAR R, ADVOCATE) AND 1 . S K ACHIN KUMAR AGED ABOUT 25 YEARS, PERMANENT RESIDENT OF SIRANGAPATNA, GANJAM-GUMBAZ ROAD, NOW C/O S.K. ANUPAM, NO.744 BYRAVESHWARA, NAGARA, NEAR ASHRAYA YOJANA, METAGALLI, MSYORE.
2 . S.K. ANUPAMA AGED ABOUT 32 YEARS, W/O SHIVAKUMAR, NO.744, BYRAVESHWARA NAGARA, NEAR ASHRAYA YOJANA MATAGALLI, MYSORE.
3 . S.K. ASHWINI AGED ABOUT 29 YEARS, W/O SHIVAKUMAR, R/O GEJJALAGERE VILLAGE, MADDUR TALUK.
4 . S KRISHNAMURTHY S/O LATE T.B. SUBBAIAH, AGRICULTURIST, RESIDING AT SRIRNAGA PATNA, GANJAM BUMBAZ ROAD, 5 . KAMALAMMA AGED ABOUT 74 YEARS, RESIDING AT SRIRNAGA PATNA GANAJAM GUMBAZ ROAD 6 . DEVAMMA AGED ABOUT 64 YEARS, W/O LATE T.S. RAMU, RESIDING AT JYOTHI MAHADESHWARA TEMPLE SRIRANGAPATNA.
7 . SHOBHA AGED ABOUT 45 YEARS, W/O RAMESH, RESIDING AT JYOTHI MAHADESHWARA TEMPLE, SRIRANGAPATNA.
8 . RAVI AGED ABOUT 41 YEARS, S/O LATE T.S. RAMU, RESIDING AT JYOTHI MAHADESHWARA TEMPLE, SRIRANGAPATNA.
9 . SOWBHAGYA AGED ABOUT 38 YEARS, W/O NAGARAJU, RESIDING AT JYOTHI, MAHADESHWARA TEMPLE, SRIRANGAPATNA.
10 . VIJAYA AGED ABOUT 35 YEARS, S/O LATE T.S. RAMU, RESIDING AT JYOTHI MAHADESHWARA TEMPLE, SRIRANGAPATNA 11 . KALPANA AGED ABOUT 25 YEARS, D/O LATE T.S.RAMU, RESIDING AT JYOTHI MAHADESHWARA TEMPLE, SRIRANGAPATNA.
12 . PUSHPA AGED ABOUT 65 YEARS, W/O LATE T.S. SWAMY, RESIDENT OF NO.10, VISHRANTHI NILAYA, OPP: GAVI GANGHARESHWARA TEMPLE PARK, GAVIPURAM, BANGALORE-560019.
13 . POORNIMA AGED ABOUT 46 YEARS, W/O JAGADISH, RESIDING AT NO.30-E, CAMIC ROAD, SHANKAR PURAM, MYSORE.
14 . SHEEMA AGED ABOUT 43 YEARS, W/O CHANDRASHEKAR, RESIDING AT NO.30-E, CARNIC ROAD, SHANKAR PURAM MYSORE.
15 . SAPNA AGED ABOUT 40 YEARS, D/O LATE T.S.SWAMY, RESIDING AT NO.30-E, CARNIC ROAD, SHANKARAPURAM, MYSORE.
16 . PADMAMMA W/O CHENNAPPA, R/O NO.2/B 1ST CROSS, AKSHVANI LAYOUT, VIDYARANYAPURAM, MYSORE.
17 . SARASWATHI W/O K G. KRISHNAPPA, RESIDENT NO.7, SBI STOP COLONY, BASAVESHWARA NAGARA, BANGALORE-79.
18 . PREMA W/O BETTEGOWDA, AGED ABOUT 50 YEARS, CHURCH ROAD, PALAHALLY, SRIRANGAPATNA TALUK.
19 . S RAMESH S/O LATE PATEL SRIKANTAIAH, AGED ABOUT 48 YEARS, RESIDING AT CHANDAGALA VILLAGE, KASABAHOBLI, SRIRANGAPATNA TALUK 20 . S. MANJUNATH S/O LATE PATEL SRIKANTAIAH, AGED ABOUT 45 YEARS, RESIDING AT CHANDAGALA VILLAGE, KASABAHOBLI, SRIRANGAPATNA TALUK 21 . SOWBHAGYA W/O MUKUNDEGOWDA, AGED ABOUT 43 YEARS, TAILOR, RESIDING AT NO. 239, BEHIND CHIP BOARD, ASHRAYA YOJANE, HINAKAL, MYSORE.
…Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to Quash Annexure-T the order dated 07.01.2015 passed by the learned Addl. Civil Judge (Senior Judge) Srirangapatna in OS No.82 of 2008; grant an interim order to stay the operation of order dated 07.01.2015 passed on IA No.17; and etc.
These writ petitions coming on for preliminary hearing in ‘B’ Group, this day, the Court made the following:
O R D E R These petitions are filed challenging the order dated 07th January 2015 passed by the Additional Senior Civil Judge, Srirangapatna on the application (IA.17) filed under Order VII Rule 11(B) of the Code of Civil Procedure by the defendants to reject the plaint on the ground that the court fee was not paid by the plaintiffs within the time allowed by the Trial Court.
2. The Trial Court has kept the application in abeyance till the request of the applicant in IA.17 seeking permission to sue as an indigent person is adjudicated upon. In my view the order of the Trial Court does not suffer from any infirmity inasmuch as if the plaint is rejected without considering IA.17, the very purpose of plaintiff seeking permission to sue as indigent person is defeated and it would lead to an unjust result. I, therefore, find no reason to interfere with the order of the Trial Court.
3. However, having regard to the fact that the suit is of the year 2008, I deem it fit and proper to direct the Trial Court to decide IA.17 within a period of four weeks from the date of receipt of the certified copy of this order. Petitions are accordingly disposed off.
Sd/- JUDGE lnn