- 1 - HC-KAR NC: 2025:KHC:37348 WP No. 28830 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28830 OF 2024 (GM-CPC) BETWEEN: 1. B R NAVEEN S/O LATE RAMALINGAPPA S AGED ABOUT 48 YEARS, 2. B R INDHUDHAR S/O LATE RAMALINGAPPA S AGED ABOUT 43 YEARS BOTH R/O SRI RAMESHWARA MOTORS, NIVEDITHA SCHOOL ROAD, NEAR BANASHANKARI TEMPLE, LINGADAHALLI ROAD, TARIKERE - 577228 CHIKKAMAGALURU DISTRICT. …PETITIONERS (BY SRI. GOPALKRISHNA PRALHAD KURANDWAD., ADVOCATE) AND: 1. P K LEELAMMA D/O KOTRABASAPPA, AGED ABOUT 48 YEARS, R/O NEAR GANESH PENDAL, MALALI CHANNENAHALLI (C M HALLI) PIN CODE - 577228 2. RAKESH S/O P K LEELAMMA, AGED ABOUT 24 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37348 WP No. 28830 of 2024 BOTH R/O NEAR GANESH PENDAL, MALALI CHANNENAHALLI (C M HALLI) PIN CODE - 577228 3. B R HEMALANTHINI D/O LATE RAMALINGAPPA S R/O SRI RAMESHWARA MOTORS, NIVEDITHA SCHOOL ROAD, NEAR BANASHANKARI TEMPLE, LINGADAHALLI ROAD, TARIKERE - 577228 CHIKKAMAGALURU DISTRICT …RESPONDENTS THIS WP IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED SR.CIVIL JUDGE, TARIKERE DTD 14.08.2024 REJECTING I.A.NO. I FILED SEEKING DIRECTION TO THE R1 AND 2 TO DEPOSIT 3/4TH SALE PROCEEDS OF ARECA NUT AND OTHER AGRICULTURE PRODUCES GROWN IN SCHEDULE-C PROPERTY VIDE ANNEXURE A AND I.A.NO.VII FILED SEEKING MESNE PROFITS ARRIVED FROM BUS BEARING NO.KA 66/0801 ITEM NO.2 SL.NO.2 IN SCHEDULE D OF THE SUIT SCHEDULE FROM 01.04.2023 AS FAR AS PLAINTIFFS SHARE VIDE ANNEXURE A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37348 WP No. 28830 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner calls in question an order passed under Order XXXIX Rule 10 of the Code of Civil Procedure, 1908, which undoubtedly is appealable under Order XLIII Rule 1 of CPC. 2. In that light, the petition stands disposed reserving liberty to the petitioner to prefer an appeal. Sd/- (M.NAGAPRASANNA) JUDGE SS List No.: 1 Sl No.: 363