- 1 - HC-KAR NC: 2025:KHC:37357 WP No. 14516 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. 14516 OF 2024 (GM-CPC) BETWEEN: 1. MRS NEELA DINNAPALLI W/O SRI VIJAY CHAND KUMAR T, AGED ABOUT 45 YEARS, 2. MR. VIJAY CHAND KUMAR T AGED ABOUT 46 YEARS, S/O NOT KNOWN BOTH ARE R/AT 644, 1ST FLOOR, 2ND MAIN ROAD, BDA LAYOUT, 7TH BLOCK J P NAGAR 9TH PHASE BENGALURU- 560 062. …PETITIONERS (BY SRI. S.B SRIKANTH.,ADVOCATE) AND: MISS D GEETHA D/O KRISHNAIAH CHETTY AGED ABOUR 40 YEARS, R/AT NO.644, 1ST FLOOR, NO.644, 1ST FLOOR, 2ND MAIN ROAD, BDA LAYOUT, 7TH BLOCK, J P NAGAR, 9TH PHASE BENGALURU- 560 062. …RESPONDENT THIS WP IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN OS NO. 5910/2023 WHICH IS PENDING ON THE FILE OF HONORABLE XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU., AND ETC. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37357 WP No. 14516 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner calls in question orders passed on IA No. 1 of 2023 and IA No.1 of 2024 on answering an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908. It has passed after hearing both the parties. Therefore, the petitioner ought to have preferred an appeal under Order XLIII Rule 1 of CPC and not a petition under Article 227 of the Constitution of India. 2. Reserving such liberty, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SS List No.: 1 Sl No.: 355