IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.30798 OF 2019 (GM-CPC) BETWEEN:
M. RAMAIAH S/O LATE MADAIAH AGED 68 YEARS D.NO.452, NEW EXTENSION N.R. MOHALLA MYSURU – 570 007 ... PETITIONER (BY SRI M.RAMAIAH, PARTY-IN-PERSON) AND:
SHANKARANARAYANA ADVAITH HYUNDAI ADVAITH MOTORS PVT. LTD., PLOT NO.26/A/B/A/SY.NO.51 BELAWADI INDUSTRIAL AREA KASABA HOBLI MYSURU-570 018 ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONETNS TO GRANT THE PETITIONER AMOUNT OF Rs.14,360/- 18% INTEREST CLAIM SET ASIDE ANNEXURE – A IN SC.NO.19/2018 FROM RESPONDENT DATED 16.04.2019 VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the plaintiff in SC.No.19/2018 is invoking the writ jurisdiction of this Court for assailing the judgment and decree dated 16.04.2019.
2. The judgment and decree being appealable, this writ petition is misconceived and therefore, this writ petition is dismissed reserving liberty to the petitioner to avail the remedy of the appeal if so desires.
3. Registry to return the impugned order to the petitioner forthwith after retaining a copy thereof in the file.
4. 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.
Sd/- JUDGE KTY