IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P. No. 11486 OF 2019 (GM-CPC) BETWEEN :
1. SRI K.B.RAVINDRA SON OF LATE B.BAJJEGOWDA AGED ABOUT 52 YEARS OCC: AGRICULTURE & BUSINESS 2. SMT LAKSHMAMMA WIFE OF LATE B.BAJJEGOWDA AGED ABOUT 78 YEARS OCC: AGRICULTURE BOTH RESIDING AT KUPPE VILLAGE AMRUTUR HOBLI KUNIGAL TALUK TUMKUR DISTRICT ... PETITIONERS (BY SRI. CHIKKANAGOUDAR L.S., ADVOCATE) AND 1. SMT PADMAMMA @ K.S.KADMA WIFE OF SHANKARALINGEGOWDA DAUGHTER OF LATE PATEL SEETHARAMAIAH AGED ABOUT 56 YEARS OCC: HOUSEWIFE RESIDING AT KUPPE VILLAGE, AMRUTUR HOBLI KUNIGAL TALUK TUMKUR DISTRICT PRESENTLY RESIDING AT “MAHADESHWARA NILAYA” 5TH CROSS ROAD NEAR NAGAPRIYA SCHOOL ANDANAIAH LAYOUT KUNIGAL TOWN & TALUK TUMKUR DISTRICT 2. SMT H.S.USHARANI WIFE OF SRI V MAHENDRA AGED ABOUT 34 YEARS OCC: HOUSEWIFE RESIDING “GIRISHREE NILAYA” 15TH CROSS ROAD SOMESHWARAPURAM TUMKUR TOWN & DISTRICT 3. SMT MARIYAMMA WIFE OF LATE HUCHHAIAIH AGED ABOUT 76 YEARS OCC: HOUSEWIFE KUPPE VILLAGE AMRUTUR HOBLI KUNIGAL TALUK TUMKUR DISTRICT 4. THE TAHSILDAR KUNIGAL TALUK TUMKUR DISTRICT ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.16/2017 ON THE FILE OF LEARNED ADDL. CIVIL JUDGE & JMFC AT KUNIGAL IN O.S.NO.16/2017 AND TO SET ASIDE ANNEXURE-A DATED 07.02.2019 PASSED IN O.S.NO.16/2017 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The impugned order answers the description of decree under Section 2(2) of CPC, 1908 and therefore, ordinarily the writ petition is not a right remedy for laying a challenge thereto. The Writ Petition consequently is disposed off reserving liberty to the petitioners to file appeal against the impugned order.
2. To facilitate filing of the regular appeal, Registry to return the impugned order to the petitioners.
3. The period spent in the prosecution of the Writ Petition shall be discounted while computing the period of limitation prescribed for filing of the regular appeal.
Sd/- JUDGE KG