IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.53272 OF 2018 & WRIT PETITION NO.56182 OF 2018 (GM-AC) BETWEEN:
Sri.G.Sridhar, S/o D.G.Gangaiah, Aged about 39 years, R/o No.353-B, 3rd Main Road, 2nd Phase, Gokul Extension, Mathikere, Bengaluru – 560 054.
Correct address of the petitioner: R/o No.528, 50 feet Road, Near Aqsa Masjid, Kanakanagar, Yelacahanahalli, Bengaluru – 79.
(By Sri.K.Gurudatta, Advocate for Sri.A.C.Balaraj, Advocate) AND:
… Petitioner 1. K.V.Chandrakala, W/o late Hanumatnharaju @ G.H.Raju, Aged about 30 years, R/o No.353, 8th Main road, First Stage, 2nd Phase, Gokula Extension, Bengaluru North, MSRIT, Bengaluru – 560 054.
Correct Address of Respondent NO.1: C/o Police Ramaiah, No.117/3, 2nd Main Road, 4th Cross, Sallapuradamma, Sunkadakatta, Bengaluru – 560 091.
2. Ameerjan, R/o No.38, 1st Cross, 1st Main, Ranganath Colony, Bengaluru – 560 018.
Correct Address of Respondent NO.2: No.115, 3rd Main Road, Ranganath Colony, JJR Nagar, Bengaluru – 560 018.
… Respondents (By Sri.G.V.Dayananda, Advocate for Caveator/Respondent No.1) These Writ Petitions are filed under Article 227 of the Constitution of India, praying to call for the records in Ex.No.561/2018 pending on the file of the learned III Additional Small Causes Judge, SCCH-18, Bengaluru; set aside the impugned order passed by the learned III Additional Small Causes Judge, SCCH-18 in Ex.No.561/2018 dated 13.11.2018 vide Annexure-H in so far as rejecting objections filed the petitioner herein and to dismiss the above execution petitioner filed against the petitioner in Ex.No.561/2018 dated 31.03.2018 vide Annexure-C and etc.
These Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.K.Gurudatta, learned counsel for Sri.A.C.Balaraj, learned counsel for the petitioner.
Sri.G.V.Dayananda, learned counsel for caveator/respondent No.1.
Learned counsel for the petitioner has filed a memo seeking conversion of the Writ Petitions into Appeal/Revision. The aforesaid memo is taken on record.
In view of the provisions contained in Order XXI Rule 58 (4) of Civil Procedure Code, 1908, the order dated 13.11.2018 is appealable.
Petitioner is permitted to convert the Writ Petitions into Appeal.
For statistical purposes, these Writ Petitions are disposed of.
dn/-
Sd/- JUDGE