IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.10238/2019 (GM-CPC) BETWEEN:
SMT. NANDINI, AGED ABOUT 50 YEARS, W/O K. S. CHANDRASHEKAR, R/AT NO.113/1, 4TH MAIN, 8TH CROSS, CHAMARAJAPET, BENGALURU-560018.
... PETITIONER (BY SRI S. D. N. PRASAD, ADVOCATE) AND:
1. MISS R. NAMITHA, AGED ABOUT 43 YEARS, D/O LATE RAMESH, R/AT NO.113/1, 4TH MAIN, 8TH CROSS, CHAMARAJAPET, BENGALURU-560018.
2. SMT. R. JAYASHREE, AGED ABOUT 44 YEARS, D/O LATE RAMESH, 3. SRI SRIKANTH, AGED ABOUT 37 YEARS, S/O LATE RAMESH, RESPONDENT No.2 AND 3 ARE R/AT NO.113/1, 4TH MAIN, 8TH CROSS, CHAMARAJAPET, BENGALURU-560018.
4. SMT. HEMALATHA AGED ABOUT 60 YEARS W/O LATE S. PRABHAKAR R/AT NO.113, 4TH MAIN, 8TH CROSS, CHAMARAJAPET BENGALURU-560018 5. SRI V. ETHIRAJ, AGED ABOUT 71 YEARS S/O K. S. VENKARATHNAM NAIDU, R/AT NO.112/1, 1ST CROSS, 1ST MAIN, KEMPEGOWDA NAGAR, BENGALURU-560019.
(BY SRI K.S. UDAY, ADVOCATE FOR R1) ... RESPONDENTS **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.01.2019 ON THE FILE OF THE PRL. CITY CIVIL SESSIONS JUDGE, BENGALURU ON I.A.NO.15 FILED UNDER ORDER XXI RULE 19 OF THE CIVIL PROCEDURE CODE, IN FDP NO.150/2013 (VIDE ANNEXURE-A HEREIN), AND CONSEQUENTLY ALLOW THE SAID I.A.NO.15 FILED BY THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri K.S. Uday, on taking notice to the Respondent NO.1 submits that the impugned order passed by the trial Court dated 31.1.2019 on I.A. No.15 is appealable before the Appellate Authority under the provisions of Order 43 Rule 1-A of the Code of Civil Procedure.
2. The same is not disputed by the learned counsel for the petitioner.
3. In view of the above, the writ petition is disposed of as not maintainable with liberty to the petitioner to avail the alternative remedy, in accordance with law.
4. Office is directed to return the certified copy of the impugned order to the learned counsel for the petitioner forthwith.
Sd/-
JUDGE Gss/-