- 1 - HC-KAR NC: 2025:KHC:24270 WP No. 3000 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT PETITION NO. 3000 OF 2025 (GM-CPC) BETWEEN: SRI. NANJUNDAIAH S/O SRI NARASIMHAIAH AGED ABOUT 57 YEARS R/AT M. HONNENAHALLI VILLAGE NUGGEHALLI HOBLI, CHANANRAYAPATNA TALUK HASSAN DISTRICT - 573 116 …PETITIONER (BY SRI. VENKATESH R BHAGAT, ADVOCATE) AND: 1. SMT ANUSUYA W/O SRI MANJUNATHA AGED ABOUT 31 YEARS R/AT SAGATHVALLI VILLAGE DANDIGANAHALLI HOBLI, CHANANRAYAPATNA TALUK HASSAN DISTRICT - 573 116. 2. SMT. ANITHA W/O SRI SHASHI AGED ABOUT 29 YEARS R/AT DAMMANINGALA VILLAGE SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116. 3. SMT. ANUPAMA W/O SRI RAMU AGED ABOUT 27 YEARS R/AT MALASANDRA VILLAGE NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24270 WP No. 3000 of 2025 4. SRI. ANIL KUMAR S/O SRI. NARASIMHAIAH AGED ABOUT 20 YEARS R/AT M HONNENAHALLI VILLAGE NUGGEHALLI HOBLI, CHANNARAYAPTNA TALUK HASSAN DISTRICT - 573 116. 5. SRI. NARASIMHAIAH S/O SRI NARASIMHAIAH AGED ABOUT 61 YEARS R/AT M HONNENAHALLI VILLAGE NUGGEHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. 6. SMT. LAKSHMAMMA W/O SRI KRISHNAIAH AGED ABOUT 67 YEARS R/AT SABBANAHALLI VILLAGE SANTHEBACHAHALLI HOBLI K.R. PETE TALUK MANDYA DISTRICT - 571 436. 7. SMT. LAKSHMAMMA AGE 74 YEARS, W/O SRI MUDDAIAH R/AT DODDERI VILLAGE NUGGEHALLI HOBLI, CHANANRAYAPATNA TALUK HASSAN DISTRICT - 573 116. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. CALL FOR RECORDS PERTAINING TO IMPUGNED ORDER DATED 19.08.2024, PASSED IN R.A.NO.29/2022 BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHANNARAYAPATNA, HASSAN, AT ANNEXURE-A AND ETC., - 3 - HC-KAR NC: 2025:KHC:24270 WP No. 3000 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT ORAL ORDER Heard learned counsel Sri Venkatesh R Bhagat for the petitioner. Perused the entire writ papers 2. The petitioner, appellant in R.A.No.29/2022, and defendant no.2 in O.S.No.144/2017 on the file III Additional Civil Judge and JMFC, Channarayapatna, is before this Court questioning the order dated 19.8.2024 in R.A.No.29/22 on the file of the Additional Senior Civil Judge and JMFC at Channarayapattana, Hassan, whereby I.A.No.II filed by the petitioner under Section 5 of the Limitation Act is dismissed, but there is no order consequently rejecting the appeal. 3. Learned counsel for the petitioner would submit that, as the learned trial Judge has failed to pass a consequential order with regard to the original suit, decree is not drawn and consequently, dismissal of the appeal - 4 - HC-KAR NC: 2025:KHC:24270 WP No. 3000 of 2025 would amount to decree, which would not enable the petitioner to file an appeal. In the absence of dismissal of the suit and in the absence of drawing up of decree, the petitioner will not be in a position to file appeal. Hence, he preferred the present writ petition, before this Court. 4. Dismissal of the I.A. filed under Section 5 of the Limitation Act to condone the delay would result in dismissal of the proceedings. In the present case also, dismissal of I.A.II filed praying to condone the delay would result in dismissal of R.A.No.29/2022. The learned trial Judge has failed to indicate the consequences of dismissal of I.A.II filed under Section 5 of the Limitation Act. The petitioner instead of filing the instant writ petition, could have filed an appropriate application for correction before the Appellate Court. 5. With the aforesaid observations, the present writ petition stands disposed of reserving liberty to the petitioner to file an application for correction, before the Appellate Court. - 5 - HC-KAR NC: 2025:KHC:24270 WP No. 3000 of 2025 If such an application is filed before the Appellate Court, time spent before this Court shall be taken note of while considering the application. Sd/- (S.G.PANDIT) JUDGE rs List No.: 1 Sl No.: 11 CT: BHK