- 1 - NC: 2025:KHC:14496 WP No. 10275 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10275 OF 2025 (GM-CPC) BETWEEN: 1. MRS. MEENAKSHI W/O LATE H. SHIVAKUMAR AGED ABOUT 52 YEARS R/O BB STREET ROAD NEAR POST OFFICE SHIMOGA - 577 201. 2. MR. SHREYAS S/O LATE H. SHIVAKUMAR AGED ABOUT 35 YEARS R/O BB STREET ROAD NEAR POST OFFICE SHIMOGA-577 201. 3. MRS. SHRUTHI D/O LATE H. SHIVAKUMAR AGED ABOUT 32 YEARS R/O BB STREET ROAD NEAR POST OFFICE SHIMOGA-577 201. 4. MISS. SWATHI D/O LATE H. SHIVAKUMAR AGED ABOUT 29 YEARS R/O BB STREET ROAD NEAR POST OFFICE SHIMOGA-577 201. …PETITIONERS (BY SMT. SHALINI A. HASINAL., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14496 WP No. 10275 of 2025 AND: 1. MRS. AMBUJAKSHI C N W/O L. ANANTHAPPA AGED ABOUT 74 YEARS R/O NO. 11, 8TH MAIN BINNY LAYOUT, 1ST STAGE VIJAYANAGAR, BENGALURU - 560 040. 2. MRS. PUSHPANJALI S. N. W/O R. PRAKASH RAJU AGED ABOUT 51 YEARS R/O NO. 153, 7TH 'B' MAIN SANEGURUVANAHALLI BASAVESHWARA NAGAR BENGALURU - 560 079. 3. MRS. KUSUMA W/O LATE C.N. PRAKASH KUMAR AGED ABOUT 61 YEARS R/O DOOR NO. 36/1 K.R. PURAM ROAD, SHIMOGA-577 202. 4. MR. RAGUNANDAN S/O LATE C.N. PRAKASH KUMAR AGED ABOUT 39 YEARS R/O DOOR NO. 36/1 K.R. PURAM ROAD SHIMOGA-577 202. 5. MRS. MALA D/O LATE C.N. PRAKASH KUMAR AGED ABOUT 35 YEARS R/O NO 16, DECCAN GREEN APARTMENT OPP. CHAITANYA TECHNO SCHOOL MARIYAPPANAPALYA, BENGALURU - 560 056. …RESPONDENTS (BY SRI.RAJESWARA P N., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 04.03.2025 ON I.A.NO. 2 IN EX.PET.NO. 31/2017 PENDING ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL - 3 - NC: 2025:KHC:14496 WP No. 10275 of 2025 JUDGE AND JMFC, AT SHIVAMOGGA, PRODUCED VIDE ANNEXURE-A 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 the maintainability. 2. This Court, in similar circumstances, in W.P.No.30561/2024 disposed of on 14.11.2024 has held that since the impugned order amounts to a decree under Order 21 Rule 103 of CPC, the appropriate remedy is to challenge the impugned order in an appeal under Section 96 of CPC. 3. In view of the above, the writ petition is dismissed as not maintainable, reserving liberty to the petitioners to approach the appropriate legal forum. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 46