- 1 - NC: 2025:KHC:6310 WP No. 3633 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3633 OF 2025 (GM-CPC) BETWEEN: SMT. SHEELA W/O RAVIKUMAR V AGED ABOUT 37 YEARS R/O NO.55/30, 1ST FLOOR 4TH MAIN, NEAR LOURDES SCHOOL NANJUNDESHWAR NAGAR NANDINI LAYOUT, BANGALORE-560096 …PETITIONER (BY SRI. MILIND DANGE.,ADVOCATE) AND: 1. THIMMAHANUMAIAH S/O LATE KARIYAPPA AGED 61 YEARS R/O NO.49, 1ST MAIN ROAD BAHUBALI NAGAR JALAHALLI POST BANGALORE-560013. 2. RAVIKUMAR V AGED 43 YEARS R/O NO.55/30, 1STFLOOR 4TH MAIN, NEAR LOURDES SCHOOL NANJUNDESHWAR NAGAR NANDINI LAYOUT BANGALORE-560096 …RESPONDENTS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6310 WP No. 3633 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 27.01.2025 PASSED BY THE XIII ADDL. SMALL CAUSES COURT, BANGALORE IN EX.P. 628/2024 AS PER ANNEXURE-G 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 ORAL ORDER The office has raised an objection regarding maintainability since the petitioner has challenged the order dated 27.01.2025 passed by the XIII Additional Small Causes Court, Bengaluru in Ex.No.628/2024, whereby the application filed under Order 21 Rule 97 r/w. 98 and 99 was rejected. 2. Since the impugned order amounts to a decree, as per the Order XXI Rule 103 CPC, the proper remedy is to challenge the impugned order by filing an appeal. - 3 - NC: 2025:KHC:6310 WP No. 3633 of 2025 3. Hence, the office objection is upheld. The petition is dismissed with liberty to the petitioner to approach the appropriate legal forum. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 34