- 1 - HC-KAR NC: 2025:KHC:53091 CRP No. 61 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.61 OF 2024 (IO) BETWEEN: SRI R RAMACHANDRA S/O G T RAMAIAH, AGED ABOUT 70 YEARS, REPRESENTED BY HIS SPA HOLDER, SRI THIMMARAJU R S/O RAMACHANDRA AGED ABOUT 40 YEARS, RESIDING AT GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI, BANGALORE NORTH TALUK -560 064 …PETITIONER (BY SRI R.S.RAVI, SENIOR COUNSEL FOR SRI CHANDRAPPA V, ADVOCATE) AND: 1. SMT SARASWATHAMMA W/O JAGANNATH, D/O LATE SAMPANGAPPA AGED ABOUT 65 YEARS 2. SMT RANGALAKSHMAMMA W/O RAMAMURTHY, D/O LATE SAMPANGAPPA, AGED ABOUT 61 YEARS, BOTH ARE RESIDING AT GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53091 CRP No. 61 of 2024 YELAHANKA HOBLI, BANGALORE NORTH TALUK -560 064 SMT SARASWATHAMMA, SINCE DECEASED BY LRS, 3. C SOMASHEKHAR S/O LATE CHINNASWAMAPPA AGED ABOUT 40 YEARS, RESIDING AT LAKSHMI VENKATESHWARA SCOOTER WORKS, GANESHA BUILDINGS, VAIKUNTA KALYANA SOUDHA, BANGALORE 560054 4. C RAMA MURTHY S/O LATE CHINNASWAMAPPA AGED ABOUT 38 YEARS C/O V JAGANNATH RESIDING AT GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI, BANGALORE NORTH TALUK -560 064 5. SMT SHOBA D/O LATE CHINNASWAMAPPA W/O RAJASHEKAR AGED ABOUT 35 YEARS R/AT ANTHARASAHALLI, GOVINDAPALYA, ANEKAL POST, TUMKUR DISTRICT -572 106 6. RAJANNA S/O LATE CHINNASWAMAPPA AGED ABOUT 36 YEARS C/O JAGANNATHAN RESIDING AT GANTENGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI, BANGALORE NORTH TALUK 560064 - 3 - HC-KAR NC: 2025:KHC:53091 CRP No. 61 of 2024 7. SMT SUNANDAMMA W/O LATE NARAYANAPPA AGED ABOUT 48 YEARS 8. SMT YASHODHAMMA W/O VENKATARAMAIAH MAJOR RESPONDENTS 7 AND 8 ARE RESIDING AT GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI, BANGALORE NORTH TALUK -560 064 SMT MARIYAMMA W/O LATE SANEPANGAPPA DECEASED 9. SRI D SATHYANARAYANA S/O RAMAKRISHNA RAO AGED ABOUT 45 YEARS R/AT NO.2, “C” SECTOR, AMRUTHNAGAR BANGALORE 560 092 …RESPONDENTS (BY SRI SHANMUKHAPPA, ADVOCATE FOR KESVY & CO., ADVOCATE FOR C/R1 AND C/R2) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE, AGAINST THE ORDER DATED 11.01.2024 PASSED ON I.A. IN O.S.NO.1676/2006 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING THE IA FILED UNDER ORDER 7 RULE 11 R/W SECTION 151 OF CIVIL PROCEDURE CODE FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:53091 CRP No. 61 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri R.S.Ravi, learned Senior Advocate for the revision petition. 2. At the outset, this Court is of the considered opinion that dismissal of the application filed by the revision petitioner/defendant No.2 under Order VII Rule 11 r/w Section 151 of the Code of Civil Procedure is without any proper reasons. 3. Further, there is no time limit for filing an application under Order VII Rule 11 of the Code of Civil Procedure and it can be filed at any stage as is held in the case of ITC Limited vs. The Debts Recovery Appellate Tribunal and others reported in (1998)2 SCC 70. 4. Therefore, reasons assigned by the learned Trial Judge while dismissing the application is improper. Accordingly, the impugned Order needs to be set-aside and matter needs to be remitted to the Trial Court for fresh disposal on the application - 5 - HC-KAR NC: 2025:KHC:53091 CRP No. 61 of 2024 filed under Order VII Rule 11 of the Code of Civil Procedure, in accordance with law. 5. Learned counsel for the respondent submits that he may be permitted to file objections to oppose the application. He is permitted to do so. 6. Accordingly, the following: ORDER (i) Civil Revision petition is allowed. (ii) The impugned Order dated 11.01.2024 passed in O.S.No.1676/2006 on the file of the IV Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, is hereby set-aside. (iii) Matter is remitted to the Trial Court for fresh disposal on the application filed under Order VII Rule 11 of the Code of Civil Procedure, in accordance with law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 53