IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.18644/2019 (GM-CPC) Between:
G. Srinivas S/o Govindaraj.T, Aged about 33 years, Employee in Pearlite Liners Pvt. Ltd., N.T. Road, Shivamogga City-577 201. ... Petitioner (By Sri. P. N. Harish, Advocate) And 1. T. Govindaraj S/o Late Thammaiah, Aged about 64 years, 2. Gangappa S/o Late Thammaiah, Aged about 62 years, 3. Narayana S/o Late Thammaiah, Aged about 59 years, Respondents 1 to 3 are Residents of 3rd Cross, Durgammanakeri, Gadikoppa, Shivamogga-577 201.
4. Gangalakshmi D/o Late Thammaiah, W/o Swamy, Aged about 55 years, R/o Raghavendra Provision Stores, Ayanur Gate, Sagar Road, Shivamogga-577 201.
5. Pushpalatha G D/o T. Govindaraj W/o Umesh, Aged about 35 years, R/o Swamy Vivekananda Extension Gopala, Shivamogga-577 201. ... Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the order dtd:7.1.2019 passed by the court of learned I Additional Senior Civil Judge and CJM, Shivamogga in O.S.No.230/2018 in accepting the office objection regarding maintainability of the suit as per annexure-B and thereby over rule the office objections raised regarding maintainability of the suit in O.S.No.230/2018 on the file of learned I Additional Senior Civil Judge and CJM, Shivamogga.
This Writ Petition is coming on for Orders this day, the Court made the following:
ORDER Since the order is revisable, the writ petition ordinarily is not maintainable, as rightly pointed out by the Registry after scrutiny.
2. Accordingly, writ petition is disposed off, reserving liberty to the petitioner to avail the remedy of Revision. The Registry shall return the impugned order to the petitioner, forthwith.
It is needless to state that the period spent in the prosecution of this writ petition shall be excluded while computing the period of limitation prescribed for preferring the Revision Petition.
Sd/- JUDGE HA/-