Sri L Prakash vs M/S Hiland Realty Private Limited
2023 Latest Caselaw 6703 Kant

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                                                         NC: 2023:KHC:34214
                                                       MFA No. 7244 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 21ST DAY OF SEPTEMBER, 2023

                                            BEFORE
                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 7244 OF 2022 (CPC)
                   BETWEEN:

                   SRI L PRAKASH
                   S/O LATE N. LINGAIAH
                   AGED ABOUT 59 YEARS
                   PRESENTLY R/AT NO. 267
                   5TH B MAIN ROAD
                   REMCO LAYOUT
                   BENGALURU-560 104.
                                                               ...APPELLANT
                   (BY SRI. M ASWATHANARAYANA REDDY., ADVOCATE)

                   AND:

                   M/S HILAND REALTY PRIVATE LIMITED
                   NO. 168, 2ND FLOOR
                   1ST MAIN ROAD
Digitally signed   SESHADRIPURAM
by
DHANALAKSHMI       BENGALURU 560 020
MURTHY             RERPESENTED BY ITS
Location: High     DIRECTOR, SRI. K.V. SUNDAR NAIDU
Court of
Karnataka                                                    ...RESPONDENT
                   (NOTICE TO RESPONDENT IS SERVED
                   BUR UNREPRESENTED)
                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(na) OF
                   CPC, AGAINST THE ORDER DATED: 04.07.2022 PASSED IN
                   MISC.NO. 8/2019 ON THE FILE OF THE XV ADDITIONAL CITY
                   CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.NO.3),
                   DISMISSING THE PETITION FILED UNDER ORDER 33 RULE 1
                   OF CPC.
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                                             NC: 2023:KHC:34214
                                          MFA No. 7244 of 2022




     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                            JUDGMENT

1. This appeal is filed under Order XLIII Rule 1 (na) of the

CPC by the petitioner challenging the order dated 04.07.2022

passed by the XV Additional City Civil and Sessions Judge,

Bengaluru (CCH No.3) in P.Misc.No.8/2019 whereby the

petition filed under Order XXXIII Rule 1 of CPC has been

dismissed.

2. The petitioner has filed the petition in P.Misc.No.8/2019

against the respondent for seeking permission to sue as an

indigent person as he was unable to pay the Court Fees. The

trial Court has directed the Deputy Commissioner to file a

report regarding income of the petitioner/appellant herein.

When the Deputy Commissioner visited the address given by

the petitioner, he was not available. Therefore, the Deputy

Commissioner has not submitted any report.

3. In view of the above, I am of the opinion that the matter

requires to be remitted back to the Trial Court with a direction

to the trial Court to get a fresh report from the Deputy

NC: 2023:KHC:34214 MFA No. 7244 of 2022

Commissioner to reconsider the petition filed by the petitioner

under Order XXXIII Rule 1 of CPC.

4. Hence, I pass the following order:

ORDER

a. The appeal is allowed.

b. The order dated 04.07.2022 passed by the XV Additional City Civil and Sessions Judge, Bengaluru (CCH No.3) in P.Misc.No.8/2019, is set aside.

c. The matter is remitted back to the Trial Court to reconsider the petition filed by the petitioner under Order XXXIII Rule 1 of CPC, in accordance with law after obtaining the report from the Deputy Commissioner.

Sd/-

JUDGE

HA