- 1 - NC: 2025:KHC:16006 WP No. 11000 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11000 OF 2025 (GM-CPC) BETWEEN: SRI BALA KRISHNA RAO S/O LATE VENKATA RAO AGED ABOUT 48 YEARS R/AT NO. 703, DESADAPET ROAD GANGAMMA TEMPLE ROAD YELAHANKA OLD TOWN BENGALURU -560064. …PETITIONER (BY SRI. H M MADHUSUDHANA., ADVOCATE) AND: 1. SMT LAKSHMAMMA W/O, RAJANNA AGED ABOUT 62 YEARS 2. SRI. SIDDALINGARAJU S/O LATE DODDAANJINAPPA AGED ABOUT 46 YEARS 3. SRI. NARAYANASWAMY S/O, LATE DODDA ANJINAPPA AGED ABOUT 43 YEARS 4. SRI. SOMASHEKAR S/O LATE DODDA ANJINAPPA & SHIVALAMMA AGED ABOUT 53 YEARS R1 TO R5 ARE R/AT HOSAHALLI VILLAGE JALA HOBLI, BENGALURU NORTH TALUK BENGALURU – 560013. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16006 WP No. 11000 of 2025 5. SMT. CHIKKA ANJINAPPA. S/O LATE LAKKUR VENKATAPPA AGED ABOUT 77 YEARS 6. SRI. LOKESH S/O, LATE V. MANISHAMAPPA AGED ABOUT 56 YEARS 7. SRI. RAMESH. S/O LATE V. MANISHAMAPPA AGED ABOUT 54 YEARS 8. SRI. ANJANEYA S/O LATE V. MANISHAMAPPA AGED ABOUT 51 YEARS 9. SRI. NARAYANA SWAMY S/O LATE V. MANISHAMAPPA AGED ABOUT 49 YEARS 10. SRI. BHAGAVANTH M S/O LATE V. MANISHAMAPPA AGED ABOUT 47 YEARS 11. SRI. SUBRAMANI S/O LATE V. MANISHAMAPPA AGED ABOUT 45 YEARS 12. SRI. VENUGOPALA G. M S/O LATE V. MANISHAMAPPA AGED ABOUT 38 YEARS R5 TO R12 ARE RESIDING AT GEJJEGADAHALLIPALYA VILLAGE ARALUMALLIGE POST, MADHURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561203. 13. SMT. SUNITHA.S.G. D/O LATE VENKATA RAO - 3 - NC: 2025:KHC:16006 WP No. 11000 of 2025 AGED ABOUT 59 YEARS R/AT S-MIG-B-68/5 GROUND FLOOR, 5TH PHASE YELAHANKA NEW TOWN BENGALURU NORTH TALUK BENGALURU-560064. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDERS ON I.A. NOs. 1 AND 2 DATED 29.03.2025 PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT DODDABALLAPURA, BENGALURU RURAL DISTRICT, IN O.S. NO. 477/2025 IS AT ANNEXURE- E 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 on the ground that the order which is challenged is passed under Order XXXIX Rules 1 and 2 of CPC and the petitioner has a remedy of filing an appeal under Order 43 Rule 1(r) of CPC. 2. Since, in the prayer the petitioner is seeking to set aside the order passed on IA Nos. 1 and 2, which is passed under Order XXXIX Rules 1 and 2 of CPC, therefore, office objection is sustained. - 4 - NC: 2025:KHC:16006 WP No. 11000 of 2025 3. Accordingly, writ petition is dismissed as not maintainable with liberty to the petitioner to approach the appropriate legal forum. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 35