IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.1581 OF 2018 (GM-CPC) BETWEEN:
MR.M.K.KURUVILLA AGED ABOUT 60 YEARS S/O.LATE M.C.KURIEN R/AT NO.843, 15TH MAIN 3RD BLOCK, KORAMANGALA BANGALORE-560 034 … PETITIONER (BY SRI B.N.JAYADEVA, ADVOCATE) AND:
MR.OOMEN CHANDY AGED ABOUT 73 YEARS S/O.LATE K.O.CHANDY R/AT PUTHUPPALLY HOUSE JAGATHY THIRUVANANTHAPURAM TALUK THIRUVANANTHAPURA, KERALA … RESPONDENT (BY SRI JOSEPH ANTHONY, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07.10.2017 (ANNEXURE-D) PASSED BY LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN OS.NO.1271/2016 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The writ petition is dismissed as having not been maintainable since the impugned order is made under Order VII Rule 11(a) and (d) of CPC,1908; liberty is reserved to the petitioner to file a Civil Revision Petition. Registry to return the impugned order to the petitioner forthwith after retaining a copy thereof in the file.
It is needless to mention that the period spent in the prosecution of Writ Petition shall be discounted while computing the period of limitation prescribed for filing the Civil Revision Petition.
All contentions are kept open.
Sd/- JUDGE KTY