- 1 - HC-KAR NC: 2025:KHC:37165 WP No. 23288 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. 23288 OF 2024 (GM-CPC) BETWEEN: SRI R KANTHA RAJU AGED ABOUT 71 YEARS S/O LATE V RAMAKRISHNA R/AT NO.121 VIDI APARTMENT, 3RD FLOOR, BEML, 5TH STAGE, 3RD MAIN ROAD, 3RD CROSS, R R NAGAR, BANGALORE- 560 098 …PETITIONER (BY SRI. AKARSH SUDHAKAR KANADE., ADVOCATE) AND: 1. THE PRESIDENT PRAMOD HOUSE BUILDING CO OP SOCIETY NO.125/1, 1ST FLOOR, 50 FEET ROAD, PRAMOD LAYOUT, BANGALORE- 560039. AND R1 ALSO AT NO.25/39 2ND A MAIN, NEAR ANJANEYA TEMPLE ITTAMADU BANASHANKARI 3RD STAGE, BANGALORE SOUTH Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37165 WP No. 23288 of 2024 BANGALORE 560085 2. SRI PUTTARANGAPPA AGED ABOUT 70 YEARS S/O LATE TOTHI KARIRANGAIAH RESIDING AT NO.55 HOSAKERAHALLI VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE 560035 AND R2 ALSO RESIDING AT NO.111, PANTARAPALYA, NAYANDAHALLI, BENGALURU SOUTH TALUK, BANGALORE- 560039. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 01.03.24 PASSED BY THE HONBLE X ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALORE (CCH-26) HEREIN PRODUCED VIDE ANNEXURE-H AND ALLOW THE INTERLOCUTORY APPLICATION NO. 1 FILED IN OS NO. 2539/22 UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC, HEREIN PRODUCED AS ANNEXURE-F TILL THE DISPOSAL OF THE OS NO. 2539/22 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37165 WP No. 23288 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The averment in the petition itself is that application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 is passed after hearing both the parties. If that be so, the petitioner ought to have preferred an appeal under Order XLIII Rule 1 of the CPC and not the subject proceedings 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.: 357