IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.7404 OF 2019 (GM-CPC) BETWEEN:
BASAVARAJ P. S/O.LATE G. VEERANNA AGED ABOUT 61 YEARS R/AT NO.58, 5TH CROSS 1ST BLOCK, R.T.NAGAR BENGALURU-560 005 ... PETITIONER (BY SRI SYED KHALEEL PASHA, ADVOCATE) AND:
1. SUSHEELA W/O.LATE G.VEERANNA AGED ABOUT 80 YEARS R/AT OPPOSITE TO RESERVE POLICE HEAD QUARTERS MAJESTIC CIRCLE 2. SURESH S/O.LATE G. VEERANNA AGED ABOUT 58 YEARS R1 & R2 ARE RESIDING AT OPPOSITE TO RESERVE POLICE HEAD QUARTERS MAJESTIC CIRCLE CHITRADURGA-577 536 3. KALPANA W/O.ENDIGARE D/O.LATE G.VEERANNA AGED ABOUT 56 YEARS R/AT NO.22, KHATHA NO.421/A DASARAHALLI VILLAGE K.R.PURAM HOBLI BANGALORE-560 057 4. SANDAYA W/O.J.B.PATEL D/O.LATE G.VEERANNA AGED ABOUT 59 YEARS R/AT NO.23, KHATHA NO.421/A DASARAHALLI VILLAGE K.R.PURAM HOBLI-560 057 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.01.2019 (ANNEXURE-A) PASSED BY THE COURT OF ADDITIONAL CITY CIVIL AND SESSIONS JUDGE ON IA.NO.2 IN OS.NO.26055/2018 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Since alternative remedy of appeal available under Order XLIII Rule 1(r) of CPC against the impugned order, the writ petition is disposed off reserving liberty to the petitioner to file an appeal.
2. Registry to return the impugned order to the petitioner forthwith after retaining a copy thereof in the file.
3. It is needless to mention that the period spent in the prosecution of the petition shall be discounted while computing the period of limitation prescribed for filing the appeal. All contentions are kept open.
Sd/- JUDGE KTY