- 1 - NC: 2025:KHC:7245 WP No. 1803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1803 OF 2025 (GM-CPC) BETWEEN: 1. SRI. MRUTHYUNJAYA S/O LATE RACHAPPA AGED ABOUT 65 YEARS R/AT BYRASANDRA VILLAGE GULUR HOBLI,TUMAKURU TALUK TUMAKURU DISTRICT-572104. 2. SMT. GANGAMBIKE W/O MRUTHYUNJAYA AGED ABOUT 55 YEARS R/AT BYRASANDRA VILLAGE GULUR HOBLI,TUMAKURU TALUK TUMAKURU DISTRICT-572104. …PETITIONERS (BY SRI. FAYAZ SAB B G.,ADVOCATE) AND: 1. SRI RENUKARADHYA S/O LATE RACHAPPA AGED ABOUT 67 YEARS R/AT BYRASANDRA VILLAGE GULUR HOBLI,TUMAKURU TALUK TUMAKURU DISTRICT-572104. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7245 WP No. 1803 of 2025 2. SMT MEENAKSHAMMA D/O LATE RACHAPPA AGED ABOUT 79 YEARS W/O B P BASAPPA RETIRED HIGH SCHOOL TEACHER R/AT HONGIRANA, 1ST FLOOR THUNGABHADRA ROAD S I T EXTENSION, TUMAKURU-572102. 3. SMT PUTTATHAYAMMA D/O LATE RACHAPPA AGED ABOUT 75 YEARS W/O M ESHWARAPPA RETIRED TEACHER R/AT KAVYAMRUTHA, 3RD CROSS BASAVESHWARA BADAVANE KYATHASANDRA, TUMAKURU-572104 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS AND SET ASIDE OR MODIFY AN IMPUGNED ORDER DATED: 28.10.2019, PASSED IN O.S.NO. 397/2019 PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC AT TUMAKURU, WHEREIN I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC FILED BY THE R-1 IS PARTLY ALLOWED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:7245 WP No. 1803 of 2025 ORAL ORDER The office has raised an objection regarding maintainability of this petition on the ground that the order which is challenged is passed under Order 39 Rules 1 and 2 of CPC and under Order 43 Rule 1(r), the petitioners have a remedy of filing an appeal. 2. The office objection regarding maintainability is upheld. 3. This writ petition is dismissed with liberty to the petitioners to approach the appropriate legal forum, if law permits. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 34