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. 2375 OF 2019 (GM-CPC) BETWEEN:
1. SRI HARISH S/O SHAMAPPA AGED 30 YEARS, 2. SRI PRADEEP S/O SHAMAPPA AGED 28 YEARS, 3. MISS. LAVANYA D/O SHAMAPPA, AGED 19 YEARS, ALL ARE RESIDING AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE - 560 099. (BY SRI. G KAMALADHAR, ADVOCATE) AND:
1. SRI KRISHNA REDDY S/O LATE MUNIYAPPA REDDY, AGED 75 YEARS, RESIDING AT #32, NEAR SRIRAMA TEMPLE, NEW THIPPASANDRA, BANGALORE - 560 075.
2. SMT. KRISHNAMMA, D/O PATEL MUNIYAPPA, W/O K P PUTTASWAMY, AGED 58 YEARS, RESIDING AT #54, 6TH CROSS, MAGADI ROAD,BANGALORE.
3. SMT. RAJAMMA, D/O MUNIYAPPA, … PETITIONERS AGED 50 YEARS, RESIDING AT CHOODASANDRA VILLAGE, HUSKUR POST, SARJAPURA HOBLI, BOMMASANDRA INDUSTRIAL AREA, ANEKAL, BANGALORE – 560 099.
… RESPONDENTS (BY SRI. CHANDRAPPA V, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.12.2017 PASSED ON I.A.NO.1 & 3 (ANNEXURE-G) IN O.S.NO.189/2017 BY THE SENIOR CIVIL JDUGE AND JMFC, AT ANEKAL.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In view of the availability of appeal remedy under Order XLIII Rule 1(r) of CPC, 1908, writ petition is misconceived and accordingly, it is disposed off reserving liberty to the petitioners to avail the appeal remedy.
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