Special Leave Petition (C) Problems

Here I document my Special Leave Petition problems. This Special Leave Petition (C) D.No.41108/2023 arises from Writ Petition No.9545 of 2023. The learned Single Judge, Mr.Justice S.R.Krishna Kumar, of the High Court of Karnataka, on 12.07.2023, dismissed the Writ Petition and then revoked it without notice. I along with my sister and mother (represented by me) filed this. We filed the Special Leave Petition (C) on 04.10.2023.

PETITIONERSRESPONDENTS
1. RASHMI MUNIKEMPANNA1. NAGARAJ S/O DODDANNA
2. SUSHEELA V
[Represented by Rashmi Munikempanna]
2. M.S.KRISHNAPPA [DEAD]
2.1. B.MADHAVAMMA [LR]
2.2 SHIVARAM M.K. [LR]
2.3 MANJULA K [LR]
3. SHILPA MUNIKEMPANNA3. B.MUNISWAMY GOWDA
4. M.VINAY KUMAR
5. K.SHEKARARAJU
6. M.AMARANATHA
7. N.S.VIJAYA BHASKAR REDDY
8. K.N.SOMAIAH
CAUSE TITLE SLP(C) D.No.41108/2023

Impugned Order:

The Writ Petition No.9545/2023 that we filed, in 2023, seeks the quashing of all civil proceedings in Original Suit No.964/2010. We seek the quashing on the grounds inter alia of fraud, of fabrication of judicial orders, of evidence tampering, forging of Judges’ signatures and false evidence. Additionally on the ground that a fake advocate, M.Amaranatha, filed and prosecuted this case. You can read more about the Writ Petition from which this SLP arises out of here:

In-Justice Clock for the same below:

This in turn arises out of Original Suit No.964/2010 on the file of the II Additional Senior Civil Judge, Bengaluru Rural District at Bengaluru. This is a suit for specific performance. And as such Plaintiffs filed this seeking possession of our home. My sister has just been impleaded into the case. It is at the stage of amendment of plaint.

In-Justice clock for the same below:

Arbitrary Change of Date of Listing of Special Leave Petition

Scrutiny objections were notified on 05.10.2023. I complied by 07.11.2023. The Special Leave Petition was verified on 08.11.2023. It was tentatively listed for 08.12.2023. I had the mandatory interaction with the Registrar on 28.11.2023. And on 30.11.2023 the case details reflected another computer generated date i.e. listed for 08.01.2024.

The Supreme Court has a mandatory period of 4 weeks waiting time (computer generated) for cases filed by Petitioners-in-Person. As opposed to cases filed by advocates being listed within a week. This is to accommodate the interaction with the Registrar. But any change after that has to follow the rules. As seen in this Circular on automatic listing. This arbitrary change of date is extremely troubling.

Arbitrary Listing of Writ Petition No.9545/2023

This Special Leave Petition was verified on 08.11.2023. On 16.11.2023 I received a call from the court office, High Court of Karnataka, insisting on listing the said Writ Petition for hearing. This is even though there was no reason to list it. The judicial order had clearly specified posting of the Writ Petition after service of notice. I was asked to submit a memo for listing. Which I did not do.

The Writ Petition was posted for 17.11.2023 for orders. On an Interlocutory Application I had filed on 23.06.2023. Moreover the Court had already disposed off this application. Since all pending applications are disposed off when the main case is disposed. The learned Single Judge having the roster went on to pass orders on this already disposed off application. It was listed again for 01.12.2023. I couldn’t appear because of an accident that has left me temporarily crippled. Thereafter it was posted again for 13.12.2023. I still couldn’t appear. Hence I informed the court of this pending Special Leave Petition and asked for an adjournment post that. The Writ Petition has now been listed for 09.01.2024.