IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.21572/2019 (GM-CPC) BETWEEN:
Ms. R.Shanthi, D/o. Ramachandran, Aged about 26 years, R/at Salarpuria Greenage Apartments, Flat No. BA 1401, 14th Floor, Hosur Main Road, Bommanahalli, Bengaluru-560 058.
Represented by G.P.A. Holder, Ms. Ramya Reddy, D/o. Ramachandran, Aged about 31 years, R/at Salarpuria Greenage Apartments, Flat No. BA 1401, 14th Floor, Hosur Main Road, Bommanahalli, Bengaluru-560 058. ... Petitioner (By Ms. Ramya Reddy, Party In Person) AND Sri. Ashok Padmanabhan Mavicheri, S/o. V.P.Padmanabhan, Aged about 38 years, Flat No.109, Aishwarya Eastwood Apartments, HSR Layout Sector II, Agara Village, Bengaluru-560 102.
Rep. by his G.P.A. Holder, Sri. Hariprasad C.R., S/o. Ravindran, R/at No.5/49, Annapoorneswari Residency, Devarabeesanahalli, Outer Ring Road, Bengaluru-560 103. ... Respondent This Writ Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 23.09.2017 in O.S.No.3268/2017 passed by the learned City Civil Judge (CCH-10), Bengaluru vide Anneuxre-D and etc.
This Writ Petition is coming on for Orders this day, the Court made the following:
ORDER The impugned order is appealable under Order XLIII and Rule 1(r) of CPC, 1908 and therefore, the writ petition ordinarily not being maintainable, is disposed off with liberty to lay a challenge to the impugned order elsewhere in accordance with law.
2. The Registry shall return the impugned order to the petitioner forthwith.
3. It is needless to mention that the period spent in prosecuting the writ petition shall be discounted while computing the period of limitation prescribed for filing the appeal against the impugned order.
Sd/- JUDGE HA/-