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2025 DAILYLAW 87762 (KAR)

MR R T RAVICHANDIR v. SRI S ZIAUALLA

WP/30901/2025 · 2025-10-15

Pradeep Singh Yerur

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40972 WP No. 30901 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 30901 OF 2025 (GM-CPC) BETWEEN: MR. R.T. RAVICHANDIR, SON OF R. THIRUGNANA SAMBANDAM, AGED ABOUT 49 YEARS, RESIDING AT, NO.1447, 3RD CROSS, SUBRAMANYA TEMPLE STREET, VIJINAPURA, DOORVANI NAGAR, BANGALORE NORTH - 560 016. …PETITIONER (BY SRI BABU MANUEL ABEL, ADVOCATE (ABSENT)) AND: 1. SRI S. ZIAUALLA, SON OF S. SANAULLA, AGED ABOUT 48 YEARS. 2. SRI S. SAMIULLA, SON OF S. SANAULLA, AGED ABOUT 46 YEARS. 3. SRI S. SHAFIULLA, SON OF S. SANAULLA, AGED ABOUT 44 YEARS. ALL ARE RESIDING AT NO.1099, SHEIKH SANALLA MANZIL, DASTAGIR ROAD, KOTHUR, BANGALORE - 560 016. 4. SRI BEERAPPA, SON OF LATE CHIKKARAMAIAH, AGED ABOUT 56 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40972 WP No. 30901 of 2025 RESIDING AT NO.12, 7TH CROSS, 2ND BLOCK, AKSHYA NAGAR, NEAR SHANI MAHATMA TEMPLE, KHOWNEHALLI, BANGALORE - 560 016. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09/09/2025 PASSED IN O.S.NO.1115/2025 BY XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER There is no representation when the matter is called-out at 12.19 p.m. 2. This petition is filed by the petitioner, who is the plaintiff before the trial Court in O.S.No.1115/2025, challenging the order dated 09.09.2025 passed on IA.No.I filed under Order XXXIX Rules 1 and 2 of CPC in O.S.No.1115/2025 by XXXIX Additional City Civil and Sessions Judge, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:40972 WP No. 30901 of 2025 3. Registry has raised the objection with regard to the maintainability of the petition. In view of the provision under Order XLIII Rule 1(r) of CPC which is an appealable order, the petition would not be maintainable. Hence, objection raised by Registry is sustained. Accordingly, this petition is dismissed as not maintainable. Liberty is reserved to the petitioner to approach the appropriate forum for appropriate relief. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 19 CT: BHK