IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.44927 OF 2019 (GM-CPC) BETWEEN:
MR.RAVINDRANATH REDDY K.L., S/O LATE LAKSHMAN REDDY, AGED ABOUT 61 YEARS, R/O KURUMARADI KERE, CHITRADURGA – 577 524.
... PETITIONER (BY SRI.MANJUNATH R. SWAMY, ADVOCATE) AND:
SMT.DEVEERAMMA, D/O GOWDARA NANJAPPA, AGED ABOUT 76 YEARS, R/O 5TH BLOCK, KELAGOTE, CHITRADURGA – 577 501.
PRESENTLY RESIDING AT VIRUPAKSHA NILAYA, OPP. TO KADLEBHATTI, ‘A’ BLOCK, TARALABALU NAGARA, CHITRADURGA – 577 501.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 04.02.2019 ON I.A.NO.2 AT ANNEXURE – R AND CONSEQUENTLY SET ASIDE THE ODER DATED 17.07.2019 ON I.A.NO.3 AT ANNEXURE – V IN O.S.NO.404/2018 PASSED BY THE HON’BLE COURT OF II ADDL. CIVIL JUDGE AND JMFC, CHITRADURGA BY ALLOWING THIS PETITION AND CONSEQUENTLY ALLOWING I.A.NO.2 DATED 13.11.2018 FILED U/O VII RULE 11.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Since, the petitioner has an alternative & efficacious remedy of revision under Section 115 of CPC, 1908, this writ petition is misconceived. Hence, the same is liable to be and accordingly disposed off with liberty to lay a challenge to the impugned order in Civil Revision Petition or otherwise.
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 this petition shall be discounted, while computing the period of limitation prescribed for filing the Civil Revision Petition or in availing such other remedies.
All contentions are kept open.
Sd/- JUDGE MH/-