IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.31613/2025 (GM-CPC)

BETWEEN:

SRI. SYED ISMAIL SON OF LATE SYED IBRAHIM AGED ABOUT (41) YEARS Digitally signed R/A NO.437/B, 5TH CROSS by RUPA V NEAR BDA COMPLEX, HBR LAYOUT Location: High 2ND BLOCK, BENGALURU-560043 Court Of Karnataka …PETITIONER (BY SRI. SIRI RAJASHEKAR, ADV.,)

AND:

SRI. HANUMANTHAPPA AGED ABOUT 70 YEARS S/O MINNIGAPPA R/A NO.17/8, 1ST MAIN ROAD MARENAHALLI, VIJAYANAGAR BENGALURU-560050.

…RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RELEVANT RECORDS. ISSUE A WRIT OF APPROPRIATE NATURE TO SET ASIDE THE ORDERS DTD 06.11.2024 AT ANNX-D PASSED, IN F.R.O.S. NO.1526/2023 BY THE LEARNED PRL. SR. CIVIL JUDGE, BENGALURU RURAL, BENGALURU AND THEREBY FIX A DATE FOR PETITIONER'S APPEARANCE AND PAYMENT OF COURT FEE, AND PERMIT TO PROSECUTE THE SUIT IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This petition is filed seeking for the following reliefs:

"a) Call for relevant records.

b) Issue a writ of appropriate nature to set aside the orders dtd 06.11.2024 at Annx-D passed, in F.R.O.S. No.1526/2023 by the learned Prl. Sr. Civil Judge, Bengaluru Rural, Bengaluru and thereby fix a date for petitioner's appearance and payment of court fee, and permit to prosecute the suit in the ends of justice and equity."

2. Smt.Siri Rajashekar, learned counsel appearing for the petitioner submits that the petitioner had initially filed a suit for injunction and thereafter, sought amendment for the relief of specific performance and the said amendment was allowed. Thereafter, the said Court has returned the plaint for want of jurisdiction to be presented before the learned Senior Civil Judge. It is submitted that the suit was re-presented before the Principal Senior Civil Judge, Bengaluru Rural, Bengaluru. The said suit was dismissed by the Principal Senior Civil Judge on the ground that was no representation for the plaintiff and also taking note of the office objection raised by the office that the Court fee and the process fee was not paid. In support of her contentions, she placed reliance on the decision of the Co-ordinate Bench in the case of SYED ISMAIL Vs. C.SHIVARAJU, W.P.No.22898/2025 dt. 15.9.25, wherein the Co-ordinate Bench has considered a similar issue and set aside the impugned order by directing to register the case and proceed in accordance with law. Hence, she seeks to allow the petition.

3. I have heard the arguments of the learned counsel for the petitioner and perused the material available on record. I have given my anxious consideration to the arguments advanced by the learned counsel for the petitioner.

4. The petitioner filed O.S.No.1554/2012 before the II Additional Principal Civil Judge, Bengaluru Rural, Bengaluru, for the relief of injunction. Thereafter, the prayer for amendment of plaint was filed and allowed wherein an additional relief of specific performance of the agreement dated 05.01.2012, was sought. The said Court, by exercising the power under Order VII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC') directed the office to return the plaint and further directed the petitioner to present the same before the Principal Senior Civil Judge, Bengaluru Rural, Bengaluru. The records indicate that the papers were forwarded to the Principal Senior Civil Judge, Bengaluru Rural, Bengaluru. The said suit was re-numbered as O.S.F.R.No.1526/2023. The impugned order indicates that the office has raised an objection that the suit is for the relief of declaration and injunction and hence, the Court fee and process fee are not paid. Considering the same, the said Court, on 06.11.2024 dismissed the suit, recording the absence of the plaintiff. It i