- 1 - HC-KAR NC: 2025:KHC:31968 WP No. 16443 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16443 OF 2024 (GM-CPC) BETWEEN: SHRI YOGEESH AGED ABOUT 59 YEARS, S/O LATE SHRI KALLAPPA, R/O NALLUR POST, KALLADEVARAHALLI VILLAGE, CHIKKAMAGALURU TALUK - 577 101. …PETITIONER (BY SRI. K S GANESHA., ADVOCATE) AND: 1. SHRI T P G RAJITH RUDRA S/O SHRI T.P.R. GANESH PRASAD, AGED ABOUT 36 YEARS, R/O NARASHINGA RAO ROAD, NEAR GRAND KRISHNA HOTEL, BASAVANAHALLI, CHIKKAMAGALURU-577 101 2. SHRI.T.P.G.RAKSHITH RUDRA, S/O T.P.R. GANESH PRASAD, AGED ABOUT 31 YEARS, R/O NO.297, KODIHALLI ROAD, BIRUR, KADUR TALUK, CHIKKAMAGALURU DISTRICT -577116 3. SHRI T.P.R. GANESH PRASAD, AGED BOUT 70 YEARS, S/O SHRI LATE T.P.R.RUDRARADHYA, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31968 WP No. 16443 of 2024 R/O NO.297, KODIHALLI ROAD, BIRUR, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577116. 4. SMT. SUDHA G.PRASAD, W/O SHRI T.P.R.GANESH PRASAD, AGED ABOUT 61 YEARS, R/O NO.297, KODIHALLI ROAD, BIRUR, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577116. 5. M/S SHIVANEEL GAS AND SALES, JAYANAGARA, CHIKKAMAGALURU-577 101. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 26.02.2024 (ANNEXURE-F) PASSED IN OS NO. 164/2023 BY THE 2ND ADDL. SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU ON IA NO. 5 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER What is called in question is the order passed by the concerned Court allowing the application filed by the petitioner under Order XXXIX Rule 1 and 2 of Code of Civil Procedure. The order is passed after hearing both the parties in detail. - 3 - HC-KAR NC: 2025:KHC:31968 WP No. 16443 of 2024 2. Therefore, the remedy that is available to the petitioner is to file an appeal before the concerned Court and not a petition under Article 226 of Constitution of India. 3. In the light of the remedy available under Order XLIII Rule 1 of Code of Civil Procedure, the petition stands disposed, reserving such liberty. Sd/- (M.NAGAPRASANNA) JUDGE SSD List No.: 1 Sl No.: 260