IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 24 OF 2023 BETWEEN:

1. R PARAMANANDA SINGH S/O RAMAKRISHNA SINGH AGED ABOUT 69 YEARS R/AT NO. 12, 1ST MAIN

3RD CROSS, ASHWINI LAYOUT EJIPURA, BANGALORE - 560 047.

2. SMT. GAYATRHI SINGH W/O PARAMANANDA SINGH AGED 54 YEARS R/AT NO. 12, 1ST MAIN

3RD CROSS, ASHIWNI LAYOUT EJIPURA, BANGALORE - 560 047.

Digitally signed …PETITIONERS by SHARADAVANI (BY SRI. JOSE SEBASTIAN, ADVOCATE)

B Location: High Court of AND:

Karnataka

1. M/S INDIABULLS HOUSING FINANCE LTD., HAVING HEAD OFFICE AT INDIABULLS HOUSE NO. 448-451, UDYOG VIHAR PHASE V, GURGOAN - 122 001, ALSO HAVING BRANCH OFFICE IN JATTI BUILDING NEAR JYOTHINIVAS COLLEGE INDUSTRIAL AREA KORMANGALA 5TH BLOCK BANGALORE - 560 095.

2. M/S INDIA BULLS FINANCIAL SERVICE LTD., HAVING HEAD OFFICE AT INDIABULLS HOUSE NO 448-451, UDYOG VIHAR PHASE V, GURGOAN - 122 001 ALSO HAVING BRANCH OFFICE IN JATTI BUILDING NEAR JYOTHINIVAS COLLEGE INDUSTRIAL AREA, KORMANGALA 5TH BLOCK BANGALORE - 560 095.

3. SRI. DR THAMBAIAH SUNDARAM S/O LT COL THAMBAIAH AGED ABOUT 62 YEARS R/AT NO 910, NORTH EAST AVE SANTA MARIA CA 93454 UNITED STATES OF AMERICA ALSO R/AT NO 61, 19TH CROSS B.K. NAGAR, YESHWANTHPURA BANGALORE - 560 022.

4. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY VIDHANASOUDHA, Dr. B.R.AMBEDKAR ROAD BANGALORE - 560 001.

…RESPONDENTS (BY SMT. HEMAVATHI A.T, ADVOCATE FOR SRI. CHINTAN CHINNAPPA, ADVOCATE FOR R1;

SRI. BHOJEGOWDA T. KOLLER, AGA FOR R4;

R2 AND R3 ARE SERVED AND UNREPRESENTED)

THIS CIVIL PETITION IS FILED UNDER ORDER 44 RULE 1 OF THE CPC, PRAYING TO PERMIT THE PETITIONERS TO PROSECUTE THE RFA NO. 896/2016 AS INDIGENT PERSON BY ALLOWING THIS CIVIL PETITION AND TO PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEM MEET IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

The memo of the certified copy of the order sheet in RFA.No.896/2016 is filed by learned counsel for the petitioners.

2. Heard Sri.Jose Sabastian, learned counsel for the petitioners and Smt.Hemavathy.A.T, counsel for Sri.Chinthan Chinnappa, learned counsel for the contesting respondent on I.A.No.1/2023.

3. The present civil petition is filed by the appellants in RFA No.896/2016 under Order XLIV Rule 1 of CPC with the following prayer:

"WHEREFORE, the petitioners pray that this Hon'ble Court be pleased to permit the petitioners to prosecute the RFA.No.896/2016 as indigent person by allowing this Civil Petition and to pass such other orders as this Hon'ble Court deem meet in the interest of justice and equity."

4. There is a delay of 2476 days in filing the present Civil Petition.

5. I.A.No.1/2023 is filed seeking condonation of the huge delay of 2476 days in filing the present petition. The application is supported by Smt.Gayathri Singh, who is the 2nd petitioner in the present petition.

6. In the affidavit, it is stated that being aggrieved by the judgment and decree passed in O.S.No.3117/2013 dated 30.01.2016, an appeal came to be filed in RFA No.896/2016, which was filed in time. An application was filed along with the said appeal vide I.A.No.1 seeking leave of the Court to prosecute the said appeal as indigent persons by the appellants. However, no separate petition under Order XLIV Rule 1 of CPC was filed along with the appeal. Therefore, I.A.No.1/2016 came to be dismissed by order dated 04.06.2021. Three weeks' time was granted to the petitioners to do the needful.

7. However petitioners did not choose to file a separate petition seeking leave of the court after holding an enquiry that the appellants/petitioners were indigent persons and again two weeks' time was granted on 01.07.2021. Petitioners for reasons best known to them, did not file a separate petition even then. By Order dated 10.02.2022, a further four weeks' time was granted, noting the request of the petitioners that