IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.52869/2016 (GM-CPC) BETWEEN SRI.JAYARAM, AGED ABOUT 51 YEARS, S/O LATE MUDDEGOWDA, KEMPAINAHUNDI VILLAGE, KASABA HOBLI, T.NARASIPURA TALUK, PIN: 571 124, MYSORE DISTRICT. ... PETITIONER (BY SRI.B.S.NAGARAJ, ADVOCATE) AND 1. SMT.SUVARNA, AGED ABOUT 49 YEARS, D/O LATE MUDDEGOWDA, W/O SIDDAPPA, CHANNALLI VILLAGE, SRIRANGAPATNA TALUK-571 438, MANDYA DISTRICT.
2. SMT.RATHNAMMA, AGED ABOUT 43 YEARS, D/O LATE MUDDEGOWDA, W/O D.VARDARAJ, MUDDEGOWDANAHUNDI, KASABA HOBLI, MYSORE TALUK & DISTRICT-570 001.
3. SMT.JAYALAKSHMI, AGED ABOUT 39 YEARS, D/O LATE MUDDEGOWDA, W/O REVANNA, RANGASAMUDRA VILLAGE, KASABA HOBLI, T.NARASIPURA TALUK-571 124, MYSORE DISTRICT.
4. SMT.GAYATHRI, AGED ABOUT 46 YEARS, D/O LATE MUDDEGOWDA, W/ V.C.CHIKKEGOWDA, VARKODU, VARUNA HOBLI, MYSORE TALUK & DISTRICT PIN: 570 001.
5. SRI.PUTTASWAMY, AGED ABOUT 46 YEARS, S/O LATE MUDDEGOWDA, KEMPAINAHUNDI VILLAGE, KASABA HOBLI-571 124, T.NARASIPURA TALUK, MYSORE DISTRICT. ... RESPONDENTS (BY SRI T.P.VIVEKANANDA, ADVOCATE FOR R1 TO R3; SRI.P.MAHESHA, ADVOCATE FOR R5; R4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.09.2016 PASSED BY THE HON'BLE COURT OF THE SR. CIVIL JUDGE AND JMFC, AT TIRUMALAKUNDALU NARASIPURA IN F.D.P.5/2015 [IN O.S.16/2009] AT ANNEX-A.AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the respondents submits that the office objection as to the maintainability is sustainable since Writ Petition is not maintainable after the entering of Final Decree and especially when the Preliminary Decree is put in challenge by the petitioner in R.F.A.No.320/2015.
2. There is force in the above argument.
3. No contra material having been shown by the petitioner side, the Writ Petition is disposed off reserving liberty to the petitioner to avail remedies of appeal against the impugned order. The time spent during pendency of the prosecution of this Writ Petition is entitled to be excluded while computing the period of limitation whilst preferring the appeal.
Sd/- JUDGE cbc