IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.58037 OF 2016 (GM-CPC) Between:
1. Sri. G. Veerappa S/o Eshwarappa, Aged about 55 years, 2. Sri. G. Veereshappa S/o late Patel Sannabasappa Gowda, Aged about 50 years, Petitioners 1 and 2 are R/at: Basavanahalli Village, Honnali Taluk, Davanagere District.
(By Sri. D. Gangadhara, Advocate) AND:
1. Sri. Revanappa S/o late Rudrappa, Aged about 58 years, 2. Smt. Gangamma W/o late Shekarappa, Aged about 60 years, 3. Sri. G.S. Manjunatha S/o late Shekarappa, Aged about 30 years, ... Petitioners 4. Sri. G. Veereshappa S/o late Haleshappa, Aged about 30 years, 5. Smt. Sujatha D/o Veerabhadrappa, W/o Maheshwarappa, Aged about 45 years, 6. Sri. Veerabhadrappa S/o late Sannabasappa @ Patel Sannabasappa, Aged about 57 years, 7. Sri. G. Dhananjeya S/o late Sannabasappa @ Patel Sannabasappa, Aged about 55 years, 8. Sri. G. Parameshwarappa S/o late Chandappa, Aged about 53 years, 9. Sri. G.C. Prasanna S/o G.C. Channaveerappa Gowda, Aged about 56 years, Respondents 1 to 9 are R/at: Basavanahalli Village, Honnalli Taluk, Davanagere District – 577 217.
10. Smt. Annapurnamma W/o Thirtappa, Aged about 67 years, R/at Tilak Nagara, Raghavendra Temple Road, Shivamogga Post – 577 201.
... Respondents This writ petition is filed under Article 226 of the Constitution of India, praying to quash impugned order dated 21.07.2016 vide Annexure-J passed on I.A. No.II by the Additional Civil Judge and JMFC, Honnali in O.S. No.260/2012 and etc., This writ petition coming on for Orders, this day, the court made the following.
ORDER The challenge in this writ petition is to the order of the trial court rejecting the plaint.
This writ petition is disposed off reserving liberty to the petitioner to lay a challenge to the impugned order by filing an appeal since, rejection of plaint amounts to decree as defined under Section 2(2)of CPC, 1908.
Registry shall return the impugned order forthwith to the petitioner to facilitate filing of appeal.
It is needless to mention that the period spent in prosecuting this writ petition shall be discounted while computing the period of limitation prescribed for filign of the appeal.
All contentions of the parties are left open.
Sd/- JUDGE ag