- 1 - HC-KAR NC: 2025:KHC:31976 WP No. 17548 of 2025 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. 17548 OF 2025 (GM-CPC) BETWEEN: SRI H N CHANDRASHEKAR S/O H B NANJUNDAIAH, AGED ABOUT 50 YEARS, R/AT. DHANUSH NILAYA, 6TH CROSS, MUNICIPAL LAYOUT, SIDDAGANGA EXTENSION, TUMKUR-572012 …PETITIONER (BY SRI. VIKYATH B., ADVOCATE) AND: 1. SMT. ANNAPOORNA M R W/O. S S RAGAVENDRA AGED ABOUT 52 YEARS, R/AT. 1ST CROSS, 3RD MAIN, BEHIND CHALUKYA BAR, VINOBANAGARA, SHIVAMOGGA 577201. 2. NAGARJUNA M R S/O RAJENDRAKUMAR S S., AGED ABOUT 33 YEARS, R/AT 2ND CROSS, VENKATESHA NAGARA, ANK ROAD, SHIVAMOGGA. …RESPONDENTS Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31976 WP No. 17548 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 08/04/2025 PASSED BY THE LEARNED I ADDL SR CIVIL JUDGE AND CJM AT SHIVAMOGGA IN OS NO 188/2024 AS PER ANNEXURE-D. 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 is before this Court calling in question allowing the application filed by the plaintiff under Order XXXIX Rule 1 and 2 of Code of Civil Procedure. The remedy available is to prefer an appeal under Order XLIII Rule 1 of Code of Civil Procedure and not the subject petition under Article 227 of the Constitution of India. 2. In the light of the order being in consonance with the procedure as obtained under Order XXXIX Rule 3 of Code of Civil Procedure. 3. Reserving such liberty, the petition stands disposed. - 3 - HC-KAR NC: 2025:KHC:31976 WP No. 17548 of 2025 4. Registry is directed to handover the originals to the petitioner forthwith. Sd/- (M.NAGAPRASANNA) JUDGE SSD List No.: 1 Sl No.: 286