- 1 - NC: 2025:KHC:8554 WP No. 29583 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 29583 OF 2024 (GM-CPC) BETWEEN: SUSILAMMA DEAD BY LR’S GANESH R S/O LATE RAMAKRISHNA AGED ABOUT 48 YEARS NO.47, 2ND MAIN ROAD MARENAHALLI,BANGALORE-40. …PETITIONER (BY SRI. S B TOTAD.,ADVOCATE) AND: 1. SRI C GOPALAN MAJOR POWER OF ATTORNEY HOLDER M/S PROMAD ENTERPRISES NO.508, GARUTHMAN PARK R V ROAD, BANGALORE-560004. 2. SRI GOVINDARAJ S/O LATE SRI RAMAKRISHNA E-25/9, 12TH CROSS MAGADI ROAD, BANGALORE-560023. …RESPONDENTS (BY SRI. SUBMRAMANYA KAUSHIK R.S., ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 08.04.2022) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8554 WP No. 29583 of 2024 DIRECTION TO QUASH THE ORDER PASSED BY THE XV ADDITIONAL (CCH No.3) ON IA NO.1 & 2 IN P.MISC 23/2005 DATED 18.11.2011 AT ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner challenging the order dated 18.03.2019 passed by the XV Addl. City Civil and Sessions Judge, Bengaluru, on I.A.No.8 filed under Order 47 Rule 1 read with Section 151 of CPC to review the order dated 18.11.2011 and I.A.No.9 under Section 5 of the Limitation Act, in P.Mis.No.23/2005, whereby the Trial Court has dismissed the said applications and confirmed the order dated 18.11.2011. 2. Smt.Susheelamma had filed P.Mis.No.23/2005 under Order 33 Rule 1 of CPC seeking permission to file the suit as an indigent person. During the pendency of P.Mis., Smt.Susheelamma died on 08.12.2006. The petitioner herein, who claims to be legal representative of deceased - 3 - NC: 2025:KHC:8554 WP No. 29583 of 2024 Susheelamma had filed applications i.e., I.A.No.1 for permitting him to come on record as legal representative of deceased Susheelamma, I.A.No.2 for condonation of delay in filing the LR application and I.A.No.4 for setting aside abatement. The Trial Court vide order dated 18.11.2011 has dismissed the said applications on the ground that there is no application filed for setting aside abatement and also on the ground that unless petitioner herein proves that he is an indigent person, he cannot be permitted to come on record as legal representative of deceased Smt.Susheelamma. Being aggrieved, the petitioner filed I.A.Nos.8 and 9 seeking to review the order dated 18.11.2011. The Trial Court by order dated 18.03.2019 has dismissed the said applications and confirmed the order dated 18.11.2011. Being aggrieved by the orders dated 18.11.2011 and 18.03.2019 passed by the Trial Court, the present petition is filed. 3. From the perusal of the records, it discloses that the petitioner has filed I.A.No.4 for setting aside abatement. - 4 - NC: 2025:KHC:8554 WP No. 29583 of 2024 Since the petitioner has already filed application for setting aside abatement, the reason given by the Trial Court in the order dated 18.11.2011 for dismissal of the applications that application for setting aside abatement is not filed, is contrary to the materials available on record. 4. Under the circumstances and in the interest of justice, this Court is of the opinion that the impugned order dated 18.03.2019 passed by the Trial Court is liable to be set aside. 5. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 18.03.2019 passed by the XV Addl. City Civil and Sessions Judge, Bengaluru, on I.A.Nos.8 and 9 in P.Mis.No.23/2005, is set aside. c) The Trial Court is directed to decide whether the petitioner herein, who claims to be the legal representative of deceased Smt.Susheelamma is - 5 - NC: 2025:KHC:8554 WP No. 29583 of 2024 an indigent person. The same may be considered after giving opportunity to all the parties. d) In case, petitioner is considered as an indigent person, then his applications to come on record as legal representative of Smt.Susheelamma shall be considered in accordance with law. e) Parties are directed to appear before the Trial Court on 18.03.2025 without awaiting for any notice. f) The Trial Court is directed to dispose of P.Mis.No.23/2005 as expeditiously as possible. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 21