- 1 - HC-KAR NC: 2025:KHC:37356 WP No. 16614 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. 16614 OF 2024 (GM-CPC) BETWEEN: SRI. R. SHANKAR 51 YEARS, S/O RAMANGOUNDAR, R/AT 2, KAVIKA LAYOUT, KENGERI SATELLITE TOWN, BENGALURU- 560 06O. …PETITIONER (BY SRI. BASAVARAJAPPA D R., ADVOCATE) AND: SRI T ANJAN KUMAR S/O THIMMAIAH, R/T 6, NANDA GOKULA, HANUMAIAH, ROAD, OPP. ARUNODYA LAW COLLEGE, MARIYAPPANAPALYA, BENGALURU- 560 056. …RESPONDENT THIS WP IS FILED UNDER THE ARTICLE 227 OF THE CONSTITUTION PRAYING TO QUASHING THE IMPUGNED ORDER DTD 14-12-23 PASSED ON IA FILED U/ORDER 7 RULE 11(D) OF CPC VIDE ANNEXURE-M AND ORDER DTD 9-2-24 PASSED ON IA FILED UNDER SECTION 33 AND 34 OF STAMP ACT VIDE ANNEXURE-J BY PETITIONER IN O.S.NO.4504/17 ON THE FILE OF THE LXIII ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU, (CCH-64), TO THE WRIT PETITION, CONSEQUENTLY ALLOW APPLICATIONS FILED BY PETITIONER BEFORE TRIAL COURT. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37356 WP No. 16614 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.: 356