IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.44819/2017 (GM-CPC) Between:
Sri. Sha. Bra. Chandramouleshwara Shivacharya Swamigalu, Aged about 44 years, Matadipathi of Sri Ramalingeshwara Mutt, Haranahalli, Shivamogga District, Now Camp at No.92/10, 12th ‘C’ Main, 6th Block, Rajajinagar, Bengaluru – 560 010. ...Petitioner (By Sri. H.R. Vishwanath, Advocate) And:
1. State of Karnataka, Department of Revenue (Muzarai), Presented by its Secretary, M.S. Building, Bengaluru – 560 001.
2. The Commissioner, Hindu Religious & Charitable Endorsement Commission, Alur, Venkata Rao Road, Chamarajpet, Bengaluru – 560 018.
3. Sri. Sri. Neelakanta Saranga Desikendra Mahaswamigalu Kumbakonam, Periya Madam, Tamil Nadu State. … Respondents (By Sri. G. Narasi Reddy, AGA for R-2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned judgment and decree dated 27.06.2015 passed by the Additional City Civil and Sessions Judge, Bengaluru in O.S.No.227/2012 vide Annexure-C.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER The petitioner is invoking the writ jurisdiction of this Court, assailing the judgment and decree dated 27.06.2015 entered by the learned Additional City Civil and Sessions Judge, Bengaluru in O.S.No.227/2012, a copy whereof is at Annexure-C.
2. Ordinarily, in the writ jurisdiction vested in Article 227 of the Constitution of India, this Court does not entertain the challenge to the judgment & decree inasmuch as the petitioner could lay a challenge thereto in terms of Section 96 of CPC, after necessary permission with the leave of the Court.
3. In view of the above, this Writ Petition is disposed off reserving liberty to the petitioner to lay a challenge to the impugned judgment & decree in accordance with law;
It is needless to mention that the period spent in the prosecution of this Writ Petition shall be discounted in computing the period of limitation for filing the appeal.
No costs.
Sd/- JUDGE DS/-