IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.33526/2017 (GM-CPC) Between 1. Smt.Savithramma W/o.Late Nagendrachari Aged about 42 years R/at Malebennur Harihar Taluk Davanagere District-577 101 2. Kumari Jayamma D/o.Late Nagendrachari Aged about 10 years Minor, represented by her Mother and natural guardian Petitioner No.1-Smt.Savithramma R/at Malebennur, Harihar Taluk Davanagere District-577 101 Since minor, represented by Mother-Smt.Savithramma ... Petitioners (By Sri Vighneshwar S.Shastri, Advocate) And 1. G.Somashekarachari S/o.Late Nagendrachari Aged about 49 years Carpenter R/at Nandigudi Road Malebennur, Harihar Taluk Davanagere District-577 101 2. Nagendra Chari S/o.Ramalingachari Aged about 74 years Carpenter R/at Nandigudi Road Malebennur, Harihar Taluk Davanagere District-577 101 3. Manjumma, Major W/o. Malleshwarachari R/at Nandigudi Road Malebennur, Harihar Taluk Davanagere District-577 101 4. Janakamma W/o.Malleshwarachari Aged about 39 years Anaberi Village Davanagere Tq. and District Now R/at Nandigudi Road Malebennur, Harihar Taluk Davanagere District-577 101 5. Mahesh Aged about 12 years Since minor represented by his father-Ananthachari R/at 1st Cross, Shakthi Nagara Near Kuberappa Plaining Machine, Nittuvalli Davanagere District-577 101 ... Respondents This Writ Petition is filed under Article 227 of Constitution of India praying to quash the impugned judgment and decree dated 17.12.2016 (Annexure-D) in R.A.No.30/2014 on the file of the Senior Civil Judge, Harihar and to I.A.No.IV (Annexure-C) filed by the petitioners and etc.
This Writ Petition coming on for Orders this day, the court made the following:
ORDER The office objections as to maintainability of this Writ Petition for laying a challenge to the judgment and decree passed by the Lower Appellate Court, having been addressed by the learned counsel is sustained. Ordinarily, the Writ Court exercising power under Article 227 does not interfere in such matters.
Therefore, the writ petition is disposed off without granting indulgence in the matter.
It is needless to mention that the period spent in the prosecution of this Writ Petition is entitled to be discounted while computing the period for filing a Regular Second Appeal.
No costs.
Sd/- JUDGE KA/Bsv