IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.2203 OF 2018 (GM-CPC) BETWEEN:
LEOARICO RAYMOND DALGADO, AGED MAJOR, S/O RAYMIND DALGADO, R/AT ST. AMRTIN NAGAR, N/A ST MARTIN CHURCH, OPP. JARIPATKA, NAGPUR – 440 014.
(BY SRI. ANISH ACHARYA, ADVOCATE) AND:
1. IGNATIOUS SEBASTIAN JOSEPH PINTO AGED ABOUT 50 YEARS, S/O LAWRENCE PINTO.
2. MOLLY PINTO AGED 44 YEARS, W/O IGNATIUS PINTO, BOTH R/AT “CONFIDENCE HOUSE” COMMDR, GEORGE MARTIS ROAD, MALLIKATTA, MANGALURU – 575 002.
... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGEMENT AND ORDER PASSED IN O.S.NO.582/2017 BY PRINCIPAL CIVIL JUDGE, MANGALORE DTD:16.10.2017 VIDE ANNEXURE-A AND B 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 judgment & decree entered by the learned Principal Civil Judge, Mangaluru, D.K., in O.S.No.582/2017.
Accordingly Writ Petition is disposed off reserving liberty to the petitioner to lay a challenge there to in an appeal under Section 96 of CPC, 1908.
Registry to return the judgment & decree after retaining a copy thereof in the file.
It is needless to mention that the period spent in prosecuting this Writ Petition shall be discounted while computing the period of limitation prescribed by law for availing the alternate remedy of challenge.
All contentions of the parties are kept open.
Sd/- JUDGE DS