IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.28641 OF 2019 (GM-CPC) Between:
Sri.Jubin Thomas, S/o.Thomas George, Aged about 40 years, Residents of Poonjar Village, Mencachil Taluk, Kottayam District.
(By Sri.D.P.Prasanna, Advocate) And … Petitioner Sri.B.A.Ganapathi, S/o Late Appanna, Aged about 69years, Resident of Kallal Village, Madikeri Taluk, Kodagu District-571 201. … Respondent This writ petition is filed under Article 227 of the Constitution of India, praying to set aside the order and decree passed by the Hon’ble Civil Judge and JMFC Madikeri in O.S.No.11/2017 dtd 28.04.2017 as per Annexures- G and H.
This petition coming on for Orders, this day, the court made the following:-
2 ORDER The challenge in this writ petition is to the judgment and decree; The impugned order falls within the definition given under Section 2(d) of Code of Civil Procedure, 1908.
In view of the above, this writ petition cannot be entertained under Article 227 of Constitution of India since the petitioner has got a right of appeal under Section 96 of CPC, 1908. Accordingly, writ petition is disposed of.
Registry shall return the impugned order to the petitioner to facilitate filing of the appeal if he so chooses.
It is needless to mention that the time spent in prosecuting this petition shall be discounted while computing the period of limitation prescribed for pursuing other remedy.
Sd/-
JUDGE SB