- 1 - NC: 2025:KHC:4046 WP No. 7619 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7619 OF 2023 (GM-CPC) BETWEEN: RAVEE KAMATH S/O LATE VASUDEVA KAMATH AGED ABOUT 53 YEARS R/O NO 241, 15TH CROSS VIJAYANAGARA RAILWAY LAYOUT MYSORE-570017 …PETITIONER (BY SRI. HARISH M G.,ADVOCATE) AND: T M DHARME GOWDA S/O LATE MOGANNE GOWDA AGED ABOUT 65 YEARS NO 190, 15TH CROSS VIJAYANAGARA RAILWAY LAYOUT MYSORE. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON IA NO.02/2022 UNDER SECTION 151 OF CPC DATED: 05.12.2022 IN OS NO.458/2020 BY THE VII ADDL. CIVIL JUDGE AND JMFC MYSURU PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4046 WP No. 7619 of 2023 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.2 challenging the order dated 05.12.2022 passed by the VII Addl. Civil Judge and JMFC, Mysuru, on I.A.No.2 filed under Section 151 of CPC seeking direction to conduct enquiry against the respondent-plaintiff for swearing to false affidavit in the above said case, in O.S.No.458/2020, whereby the Trial Court has dismissed the said application with cost. 2. The petitioner-defendant No.2 had instituted a suit in O.S.No.431/2016 before the VII Addl. I Civil Judge and JMFC, Mysuru, for mandatory injunction. The same came to be dismissed on 21.01.2020. Being aggrieved, he filed R.A.No.80/2020 before the Prl. Senior Civil Judge, Mysuru. In the meantime, the respondent-plaintiff also filed the present suit O.S.No.458/2020 before the Principal Civil Judge (Jr.Dn.), Mysuru, seeking damages. In the affidavit, - 3 - NC: 2025:KHC:4046 WP No. 7619 of 2023 the respondent-plaintiff has mentioned that the order passed by the Trial Court in O.S.No.431/2016 has attained finality. Therefore, the petitioner-defendant No.2 filed I.A.No.2 under Section 151 of CPC in O.S.No.458/2016 for taking action against respondent-plaintiff. The Trial Court, by impugned order has dismissed the said application. Being aggrieved by the same, the present petition is filed. 3. The suit filed by the petitioner-defendant No.2 in O.S.No.431/2016 before the VII Addl. I Civil Judge & JMFC, Mysuru, was disposed of on 21.01.2020. Aggrieved by the same, he has filed R.A.No.80/2020 before the Prl. Senior Civil Judge, Mysuru, on 11.03.2020. Notice was issued by the First Appellate Court on 22.12.2020 and respondent-plaintiff appeared in appeal on 20.02.2021. The present O.S.No.458/2020 was filed on 14.07.2020 and the same was registered on 17.07.2020. From the above dates, it is clear that before the respondent-plaintiff received a notice of appeal from the First Appellate Court in R.A.No.80/2020 filed by the petitioner-defendant No.2, - 4 - NC: 2025:KHC:4046 WP No. 7619 of 2023 the respondent-plaintiff had already filed O.S.No.458/2020. Therefore, at the time of filing O.S.No.458/2020 by the respondent-plaintiff, he had no knowledge of petitioner-defendant filing R.A.No.80/2020 before the First Appellate Court. 4. In view of the above, this Court is of the opinion that the Trial Court has rightly passed the impugned order. There is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 48