IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.12810 OF 2018 (GM-CPC) BETWEEN:
1. LAKSHMAIAH, S/O LATE JAVARA @ CHIKKEERAIAH, AGED ABOUT 59 YEARS, R/O BESTHAGERI, BANNUR TOWN, T.NARASIPURA TALUK, MYSURU DISTRICT – 570 2. BILIGIRI, S/O LATE RANGAIAH AGED ABOUT 53 YEARS, R/O GANIGERI, BANNUR TOWN, T.NARASIPURA TALUK, MYSURU DISTRICT – 570 3. SMT. NINGAMMA, W/O LATE SIDDEGOWDA, AGED ABOUT 76 YEARS, 4. NAGARAJ S/O LATE SIDDEGOWDA, AGED ABOUT 53 YEARS, 5. DEVEGOWDA, S/O LATE SIDDEGOWDA, AGED ABOUT 50 YEARS, PETITIONERS NO.3 TO 5 ARE R/AT NO.66, MARKET ROAD, BANNUR TOWN, T.NARSIPURA, MYSURU DISTRICT. ... PETITIONERS (BY SRI. K.L.SREENIVAS, ADVOCATE) AND:
SMT. CHIKKAMMA, D/O LATE THULASAMMA, SINCE DEAD BY LR’s:
1(a) SMT. LAKSHMAMMA, W/O LATE RAMU, AGED ABOUT 67 YEARS, 1(b) SMT. PREMAMMA, D/O LATE RAMU, AGED ABOUT 52 YEARS, BOTH ARE R/O HOSAKERI, BANNUR TOWN, T.NARASIPURA TALUK, MYSURU DISTRICT.
... RESPONDENTS (BY SRI. P. MAHESHA, ADVOCATE FOR R1 (A&B)) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN MIS.NO.12/2015 ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE & JMFC, T.NARASIPURA; QUASH THE ORDER PASSED BY THE HON’BLE SENIOR CIVIL JUDGE & JMFC, T.NARASIPURA, IN MIS.NO.12/2015, ON 25.10.2017, VIDE ANNEXURE-H AND THEREBY ALLOW THE MISCELLANEOUS PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The Writ Petition is misconceived for challenging the order of the nature, since the remedy of appeal is provided under Order XLIII Rule 1(t) of CPC, 1908, for calling the same in question The Writ Petition is accordingly disposed off reserving liberty to the petitioners to lay a challenge to the impugned order in an appropriate appeal. Registry to return the impugned order to the petitioners after retaining a copy thereof in the file.
It is needless to mention that the period spent in the prosecution of this Writ Petition shall be discounted while computing the period of limitation prescribed by law for filing the appeal against the impugned order.
Sd/- JUDGE DS