IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.25731 OF 2017 (GM-CPC) BETWEEN:
1 . SMT SUNANDAMMA, WIFE OF SRI. REVANNA, AGED ABOUT 44 YEARS, 2 . R RUDRESH, SON OF SRI REVANNA, AGED ABOUT 24 YEARS, BOTH RESIDING AT SY.NO.50/11, ARJUNBETTAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, BANGALORE-560 008.
(BY SRI. C.G.GOPALASWAMY, ADVOCATE) AND:
1 . KRISHNAPRAKASH, SON OF SRI. HARIHARAN, AGED ABOUT 42 YEARS, RESIDING AT ARJUNBETTAHALLI VILLAGE, BANGALORE RURAL DISTRICT, BANGALORE – 560 008.
2 . N.S.MURALIDHAR, SON OF SRI.N.S.NAGARAJA RAO, AGED ABOUT 50 YEARS, RESIDING AT ‘SIRI’ NO.13, 2ND PHASE, ROYAL ENCLAVE, SRIRAMPURA, JAKKUR POST, YELAHANKA, BANGALORE-560 064.
... PETITIONERS ... RESPONDENTS (RESPONDENTS ARE SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD: 15.9.2016 ON INTERLOCUTORY APPLICATION (IA 5) IN O.S.NO.312/2014 IN THE COURT OF SENIOR CIVIL JUDGE, NEKAMANGALA AT ANNEXURE-F; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the plaintiffs in a declaration suit in O.S.No.312/2014 are invoking the writ jurisdiction of this court for assailing the order dated 15.09.2016, a copy whereof is at Annexure-F, whereby, the application filed by the first respondent-defendant under Section 151 of CPC having been allowed, they are directed to pay Court Fees under Section 24 (a) of the Karnataka Court Fees & Stamp Valuation Act 1958. Respondent-defendants are served with notice and have chosen to remain unrepresented.
2. Having heard the learned counsel for the petitioners and having perused the petition papers, the impugned order needs to be set aside inasmuch as not even a one single-line-reason is furnished by the learned trial judge in support of the order which is in the nature of Mughul Farman; order of the Courts affecting civil rights of the parties to be reasoned decisions which is a requirement of the principle of Natural Justice.
In the above circumstances, this writ petition succeeds and impugned order is set at naught. However, the issue as to suit valuation and court fee shall be framed and tried along with rest of the issues in the main matter.
All contentions of the parties are kept open.
The Registrar General of this Court is directed to send a copy of this Order to Sri. V.Prakash, the then Senior Civil Judge, Nelamangala, calling for his explanation as to why an adverse entry should not be made in his Service Register, for making a cryptic order, which is now set aside.
No costs.
Sd/- JUDGE DS