- 1 - NC: 2025:KHC:13265 WP No. 35345 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35345 OF 2024 (GM-CPC) BETWEEN: SRI. R.C RAMESH, S/O LATE CHIKKANNA, AGED ABOUT 35 YEARS, R/AT NO.188, NEAR BASAVESHWARA TEMPLE, RAMASANDRA BUS STAND, KENGERI HOBLI, SULIKERE POST, BANGALORE-560 060. AND ALSO AT SITE NO.2, SY NO.84/2, RAMASANDRA VILLAGE, KENGERI HOBLI, SULIKERE POST, BANGALORE SOUTH TALUK, BANGALORE DISTRICT-560 060. …PETITIONER (BY SRI.SHAKEER AHMED AND SMT. MARY SHEELA, ADVOCATES) AND: SMT. L PRAMEELA W/O. YOGANANDA A C AGED ABOUT 42 YEARS, RESIDENT OF NO. 93, 4TH CROSS, ANNAPOORNESHWARI NAGARA, ULLAL ROAD, BENGALURU-571 428. …RESPONDENT (BY SRI. SHASHANK SRIDHAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN EX.NO. 24/2020 IN OS NO. 348/2016 PENDING ON THE FILE OF THE LEARNED 1ST ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU AND QUASH THE ORDER DTD. 24.10.2024 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT IN EX.PET.NO. 24/2020. ANNEXURE-F IA. NO.V FILED U/O XXI RULE 97 R/W 151 OF CPC. Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13265 WP No. 35345 of 2024 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 Learned counsel appearing for the respondent has raised a preliminary objection regarding maintainability of the petition on the ground that the order impugned is passed under Order XXI Rule 97 of CPC. As per Order XXI Rule 103 of CPC, any order passed under Rule 97 or Rule 100 are to be treated as decrees. Hence, contended that writ is not maintainable and also places reliance upon the order of this Court in the case of Sri A.Nagaraj and others -vs- Sri L.Nagaraju and others, Writ Petition No.30561/2024, disposed of on 14.11.2024. 2. At this stage, learned counsel appearing for the petitioner prays for two weeks time to approach the appropriate legal forum and also sought for extension of the interim order granted by this Court till the filing of appropriate appeal. 3. The same is objected to by the learned counsel for the respondent by stating that once this Court dismissed the writ petition, again the Court cannot extend the interim order. - 3 - NC: 2025:KHC:13265 WP No. 35345 of 2024 4. Since the impugned order is passed under Order XXI Rule 97 of CPC in the present petition, there is an appeal provided against that order, as such, the writ is not maintainable. The petitioner has got a remedy of appeal. Further, on 22.01.2025, learned counsel for the respondent has undertaken that he will not precipitate the matter before the Executing Court till the next date of hearing. This interim order was extended from time to time. As on today, the decree passed by the trial Court has not yet been executed. 5. In view of the above, the Writ Petition is disposed, reserving liberty to the petitioner to approach the appropriate legal forum. The interim order granted by this Court on 22.01.2025 shall continue for a period of one week from today. All pending IAs. stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE BK : List No.: 1 Sl No.: 46