IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.14187 OF 2019 (GM-CPC) BETWEEN:
1. SRI PUTTASWAMY S/O.LATE KONACHIKKANA BORAIAH @ BOREGOWDA AGED ABOUT 73 YEARS 2. SMT.JAYAMMA W/O.PUTTASWAMY AGED ABOUT 63 YEARS 3. SMT.P.RENUKA D/O.PUTTASWAMY AGED ABOUT 46 YEARS 4. SMT.P.NAGARATHNA D/O.PUTTASWAMY AGED ABOUT 45 YEARS 5. SMT.P.KUMARI D/O.PUTTASWAMY AGED ABOUT 44 YEARS 6. SMT.P.SHANTHA D/O.PUTTASWAMY AGED ABOUT 42 YEARS ALL ARE R/AT DOOR NO.2464/1 CH-15/1, 7TH CROSS K.G.KOPPAL MYSORE-570 009 … PETITIONERS (BY SRI NANJUNDARADHYA B.G., ADVOCATE) AND:
1. SMT.NINGAMMA W/O.DASEGOWDA AGED ABOUT 61 YEARS HULIKERE VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT-571 606 2. SMT.PUTTABORAMMA W/O.KRISHNEGOWDA AGED ABOUT 58 YEARS DODDABYADARAHALLI VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT-571 434 3. SMT.SAKAMMA W/O.KRISHNEGOWDA AGED ABOUT 56 YEARS MELLAHALLI VILLAGE (HAROHALLI) VARUNA HOBLI MYSORE DISTRICT-570 028 4. SRI CHIKKAIAH @ CHIKKEGOWDA S/O.LATE KONACHIKKANA BORAIAH @ BOREGOWDA AGED ABOUT 72 YEARS R/AT CHIKKAHARADANAHALLI NEAR GANAPATHI TEMPLE JAYANAGARA POST MYSORE TALUK & DIST.-570 014 5. SRI BORAIAH @ BOREGOWDA S/O.LATE KONACHIKKANA BORAIAH @ BOREGOWDA AGED ABOUT 57 YEARS DOOR NO.2464/1, CH-15 7TH CROSS, K.G.KOPPAL MYSORE-570 009 6. SMT.GOWRAMMA W/O.SAVDEGOWDA AGED ABOUT 70 YEARS R/AT CHELLAHALLI VILLAGE BELAKARE VILLAGE HUNSUR TALUK MYSORE DISTRICT-571 105 7. SMT.LAKSHMAMMA W/O.LAKKEGOWDA AGED ABOUT 70 YEARS R/AT MANAGANAHALLI VILLAGE BELAKARE TALUK, HUNSUR TALUK MYSORE DISTRICT-571 105 8. SRI T.S.DHARMENDRA S/O.SRINIVASAGOWDA AGED ABOUT 39 YEARS R/AT NO.27, 10TH CROSS 5TH MAIN, ALANAHALLI LAYOUT NAZARBAD MOHALLA MYSORE-570 010 9. M/S.KAVERI GRUHA NIRMANA SAHAKARA SANGHTA (NI) REP. BY ITS SECRETARY NO.39, SRI GURURAJA BADAVANE T.N.PURA ROAD NAZARBAD MOHALLA MYSORE-570 010 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.02.2019 (ANNEXURE-K) PASSED BY I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSORE IN OS.NO.528/2013 ON IA.NO.12 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Since the impugned order is passed under Order VII Rule 11(A) read with Section 151 of CPC, the same falls within the definition of decree under Section 2(2) of CPC, 1908and therefore, the appeal being the right remedy, the writ petition is disposed off reserving liberty to file an appeal. Registry to return the impugned order to the petitioner forthwith after retaining a copy thereof in the file.
It is needless to mention that the period spent in the prosecution of the petition shall be discounted while computing the period of limitation prescribed for filing the appeal.
All contentions are kept open.
Sd/- JUDGE KTY