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Judgment
H.T. Narendra Prasad, J
W.P.No.8245/2025 under Article 227 of the Constitution of India is filed by the petitioners(respondent Nos.1 to 6 and 9 therein) challenging the order dated 17.02.2025 passed by the Principal City Civil and Sessions Judge, Bengaluru on I.A.No.IV filed under Section 151 of CPC, I.A.No.V filed under Section 151 of CPC and I.A.No.VI filed under Section 148 read with Section 151 of CPC in Misc.No.1321/2024, whereby the Trial Court has dismissed the said applications.
W.P.No.8242/2025 under Article 227 of the Constitution of India is filed by the petitioners (respondent Nos.1 to 6 and 9 therein) challenging the order dated 17.02.2025 passed by the Principal City Civil and Sessions Judge, Bengaluru on I.A.No.V filed under Section 151 of CPC, I.A.No.VI filed under Section 151 of CPC and I.A.No.VII filed under Section 148 read with Section 151 of CPC in Misc.No.1139/2024, whereby the Trial Court has dismissed the said applications.
The respondents herein filed miscellaneous petitions under Section 92 of the CPC seeking leave of the Court to file a suit against the Trustees, making serious allegations against them. Along with the miscellaneous petitions, they filed I.A.No.1 under Order XXXIX Rules 1 and 2 of the CPC and I.A.No.2 under Order XL read with Section 151 of the CPC. Thereafter, the trial Court issued notice to the respondents on both main miscellaneous petitions as well as on I.A.Nos.1 and 2 filed in the miscellaneous petitions. In spite of granting sufficient opportunities, petitioners herein have not filed any objections. Consequently, the trial Court by order dated 20.12.2024, has treated the objections of the petitioners herein as 'not filed’. Thereafter, the petitioners herein filed I.A.Nos.IV to VI in Misc.No.1321/2024 and I.A.Nos.V to VI in Misc.No.1139/2024 to recall the order dated 20.12.2024, reopen the case to allow these petitioners to file their objections and to enlarged the time to file the objections either to the main petition and to I.A.Nos.1 and 2. The trial Court by impugned order dated 17.02.2025, has dismissed the said applications on the ground that the petitioners herein have not made out any valid grounds to recall the order dated 20.12.2024 or to reopen the case to enable these petitioners to file their objection either to the main petition or to I.A.Nos.1 and 2. Being aggrieved by the same, the present petitions are filed.
When petitioners herein received the notice from the trial Court, they had to file objections to the miscellaneous petitions filed under section 92 of the CPC as well as to I.A.Nos.1 and 2 filed in the petitions. Since in spite of granting sufficient opportunity, they failed to file objections and therefore, the trial Court has taken the objections as ‘not filed’.
Under these circumstances and in the interest of justice, in order to give one more opportunity, I am of the opinion that the petitioners herein should be permitted to file objections to the miscellaneous petitions as well as to the IAs. filed in the petitions.
Accordingly, I proceed to pass the following order:
ORDER
a) The writ petitions are allowed.
b) The orders dated 17.02.2025 passed by the Principal City Civil and Sessions Judge, Bengaluru on the applications filed by petitioners herein (respondent Nos.1 to 6 and 9 therein) in Misc.Nos.1321/2024 and 1139/2024, are set aside.
c) The petitioners herein are permitted to file objections to the miscellaneous petitions as well as to the I.A.Nos.1 and 2 on or before 22.03.2025 after serving copy to the other side.
d) The trial Court is directed to hear the said applications filed by the petitioners herein on 22.03.2025.
e) The petitioners herein are directed not to take any further adjournments in the matter.
f) The parties are directed to argue on the applications on 22.03.2025.
g) The trial Court is also directed to dispose of the Miscellaneous petitions on or before 09.04.2025.
h) All the contentions of the parties are left open.