- 1 - HC-KAR NC: 2025:KHC:35554 WP No. 23200 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23200 OF 2024 (GM-CPC) BETWEEN: 1. SMT. SOMBAMMA, D/O LATE MUNITHIMMAIAH AGED ABOUT 70 YEARS 2. SMT JAYALAKSHMAMMA D/O LATE RAMAIAH AGED ABOUT 50 YEARS 3. SRI RAJAPPA S/O LATE RAMAIAH AGED ABOUT 48 YEARS 4. SMT MANJULAMMA S/O LATE RAMAIAH AGED ABOUT 46 YEARS 5. SRI PAPANNA S/O LATE RAMAIAH AGED ABOUT 44 YEARS Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35554 WP No. 23200 of 2024 6. SRI MUNIRAJU S/O LATE RAMAIAH AGED ABOUT 39 YEARS ALL RESIDING AT KUDULU VILLAGE ANEKAL TALUK BANGALORE URBAN DISTRICT 560 068 …PETITIONERS (BY SRI. SWAMY N B N.,ADVOCATE) AND: SRI M PAPANNA SON OF SRI MARISWAMAPPA, AGED ABOUT 77 YEARS, RESIDING AT NO.13/3, DOOPANAHALLI MAIN ROAD, INDIRANAGAR POST, BANGALORE- 560 008. …RESPONDENT THIS WP IS FILED PRAYING TO SET ASIDE THE ORDER PASSED ON 08/07/2024 IN IA NO. 1 IN OS NO. 97/2020 ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC, ANEKAL, AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35554 WP No. 23200 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER It is the case of the petitioners that the concerned Court after hearing both the parties, has allowed the application filed under Order XXXIX Rules 1 and 2 of the CPC. 2. In that light, the petitioner ought to have preferred an appeal under Order XLIII Rule 1 of CPC and not the subject petition under Article 227 of the Constitution of India. 3. Reserving such liberty to the petitioner, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 1 Sl No.: 389