IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 24761 OF 2019 (GM-CPC) BETWEEN:
SRI BASAVARAJU, SON OF LATE PATEL VENKATEGOWDA, RESIDING AT M.H.PATNA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT PIN CODE-572 216.
… PETITIONER (BY SRI. P M SIDDAMALLAPPA, ADVOCATE) AND:
1. SMT GANGAMMA DAUGHTER OF LATE UGRAPPA, WIFE OF VENKATESH, AGED ABOUT 43 YEARS, RESIDING AT M.H.PATNA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT PIN CODE:572 216.
2. SMT SANNAMMA DAUGHTER OF LATE UGRAPPA, WIFE OF PUTTARAJU, AGED ABOUT 40 YEARS, RESIDING AT M.H.PATNA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT, PIN CODE:572 216.
3. SMT JAYALAKSHMI DAUGHTER OF LATE UGRAPPA, WIFE OF NINGARAJU, AGED ABOUT 37 YEARS, RESIDING AT M.H.PATNA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT, PIN CODE:572 216.
4. SRI NARASIMHAMURTHY SON OF LATE UGRAPPA, AGED ABOUT 36 YEARS, RESIDING AT M.H.PATNA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT PIN CODE:572 216.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.03.2019 PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, GUBBITAS PER ANNEXURE-E IN O.S.NO.66/2018.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The impugned order is apparently revisable under Section 115 of CPC, 1908. It is open to the petitioner to avail the said remedy.
Petition is accordingly disposed off.
Registry to return the impugned order after retaining a copy thereof in the file.
It is needless to mention that the period spent in prosecuting this Writ Petition shall be discounted while computing the period of limitation prescribed by law for availing the alternate remedy of challenge.
All contentions of the parties are kept open.
Sd/- JUDGE Bsv