- 1 - HC-KAR NC: 2025:KHC:34833 WP No. 18440 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18440 OF 2024 (GM-CPC) BETWEEN: SRI SRINIVASA S/O LATE NARAYANASWAMY AGED ABOUT 59 YEARS RESIDING AT NO.306/273/381/49 HULIMAVU VILLAGE, HULIMAVU MAIN ROAD, BANNERGHATTA ROAD HULIMAVU POST BENGALURU – 560 076. …PETITIONER (BY SRI NAGAIAH, ADVOCATE) AND: 1. SRI. JAYARAMA S/O LATE NARAYANASWAMY AGED ABOUT 56 YEARS. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34833 WP No. 18440 of 2024 2. SRI RAMESHA S/O LATE NARAYANASWAMY AGED ABOUT 52 YEARS BOTH ARE RESIDING AT NO. 306/273/381/49 HULIMAVU VILLAGE HULIMAVU MAIN ROAD, BANNERGHATTA ROAD, HULIMAVU POST, BENGALURU - 560 076. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-66) ON I.A NO. 1 DTD. 25.04.2024 IN FDP NO. 38/2022 VIDE ANNX-E; DIRECTION ALLOWING THE IA NO.1 FILED BY THE PETITIONER UNDER ORDER -39, RULE -1 AND 2 OF THE CODE OF CIVIL PROCEDURE, RESTRAINING THE R-2 FROM INDUCTING ANY TENANT TO RUN PORK MUTTON HOTEL OR SHOP IN THE PREMISES SOUGHT IN THE APPLICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34833 WP No. 18440 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Office has raised objection with regard to maintainability of this petition in terms of Order XLIII Rule 1(r) of the CPC. 2. Office objection sustains as the petitioner has a remedy of filing miscellaneous first appeal before this Court. 3. Therefore, the petition is directed to be converted into miscellaneous first appeal and the Office to post the matter before the bench having roster. 4. For all statistical purpose, the writ petition stands disposed. 5. The petitioner is entitled to the benefit of Section 14 of the Limitation Act. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 8