- 1 - HC-KAR NC: 2025:KHC:37344 WP No. 10180 of 2025 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. 10180 OF 2025 (GM-CPC) BETWEEN: SRI BHARATH DWAJH A S AGED ABOUT 41 YEARS, C/O.SRI. ROHIT K.M. R/O.NO.1, VINAYAKA LAYOUT MAIN ROAD, RAMAMURTHY NAGAR, OPP PETRA PARKS APARTMENTS, BANGALORE- 560 016 …PETITIONER (BY SRI. HEMACHANDRA K N., ADVOCATE) AND: 1. SRI A C SHIVAKUMAR AGED ABOUT 65 YEARS, S/O SRI.CHENNAVERRAPPA GOWDA, R/O ALAGERIMANDRI VILLAGE, HARIDRAVATHI POST, HOSANAGARA TALUK, SHIMOGA DISTRICT, SHIMOGA 577412. 2. SMT DEEPA D/O SRI.A.C. SHIVAKUMAR, AGED ABOUT 34 YEARS 3. SRI LANKESH S/O SRI.A.C. SHIVAKUMAR, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37344 WP No. 10180 of 2025 AGED ABOUT 32 YEARS 4. SRI A C HALESHA S/O SRI. CHANNAVERAPPA GOWDA, AGED ABOUT 61 YEARS, 5. SMT.SHAILAJA W/O SRI.JAYASHEELA GOWDA, AGED ABOUT 58 YEARS, R/O.NO.U-69, 7TH MAIN, 14TH CROSS, HOSAHALLI MAIN ROAD, PADARYANAPURA, G.E.S. BENGALURU-560 026 …RESPONDENTS THIS WP IS FILED UNDER THE ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO SET ASIDE/QUASH/MODIFY THE JUDGEMENT DTD 22.01.2025 PASSED IN OS NO. 105/2014 BY THE HONBLE PRL. CIVIL JUDGE AND JMFC COURT, HOSANAGARA FILED HEREIN AS ANNX-A CALL FOR THE RECORDS IN OS NO. 105/2014 BY THE HONBLE PRL. CIVIL JUDGE AND JMFC COURT, HOSANAGARA REMAND THE CASE IN OS NO. 105/2014 TO THE COURT OF HONBLE PRL. CIVIL JUDGE AND JMFC COURT, HOSANAGARA FOR RECORDING FRESH EVIDENCE AND CONDUCTION OF THE DNA TEST OF THE R-1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37344 WP No. 10180 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner calls in question judgment and decree passed by the concerned court in O.S.No.105 of 2014. The remedy available to the petitioner is filing an appeal under Section 96 of the CPC and not a petition Article 227 of the Constitution of India. 2. Reserving such liberty, the petitioner stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SS List No.: 1 Sl No.: 373