- 1 - HC-KAR NC: 2025:KHC:31966 WP No. 13413 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. 13413 OF 2024 (GM-CPC) BETWEEN: 1. SMT RAMA GOPALA KRISHNA WIFE OF LATE C. GOPALA KRISHNA AGED ABOUT 65 YEARS NO.242, 6TH CROSS, 5TH MAIN, SAPTHAGIRI NILAYA, 3RD BLOCK, THYAGARAJNAGAR, BENGALURU-560028. 2. SMT SHUBHA WIFE OF SRI RAMESH AGED ABOUT 43 YEARS NO.242, 6TH CROSS, 5TH MAIN, SAPTHAGIRI NILAYA, 3RD BLOCK, THYAGARAJNAGAR, BENGALURU-560028. 3. SMT. REKHA D/O OF LATE C GOPALA KRISHNA AGED ABOUT 40 YEARS PRESENTLY RESIDING AT NO.242, 6TH CROSS, 5TH MAIN, SAPTHAGIRI NILAYA, 3RD BLOCK, THYAGARAJNAGAR, BENGALURU-560028. …PETITIONERS (BY SRI. VIVEK A. R., ADVOCATE) AND: 1. SRI. C RAMESH SON OF LATE RAMA RAO AGED ABOUT 65 YEARS Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31966 WP No. 13413 of 2024 RESIDING AT NO C-86, 3RD CROSS, C BLOCK, SWAMY VIVEKANANDA BADAVANE, GADIKOPPA, SHIMOGA-577205 2. NAGALAKSHMI WIFE OF LATE C VENKATARAMU AGED ABOUT 82 YEARS NO 7/3, GROUND FLOOR 6TH A MAIN 3RD BLOCK, THYAGARAJNAGAR, BENGALURU - 560028 3. SMT B G VIJAYALAKSHMI WIFE OF LATE C RAVI KUMAR NO 7/1, GROUND FLOOR 6TH A MAIN 3RD BLOCK, THYAGARAJNAGAR BENGALURU - 560028 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE VIII ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU DTD. 21.12.2023 IN RELATION TO IA NO. 1/2023, IA NO.2/2023 AND 4/2023 FILED UNDER ORDER 39 RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE ANNX-A AND ETC. 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 petitioners 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:31966 WP No. 13413 of 2024 Therefore, the remedy that is available to the petitioners is to file an appeal before the concerned Court and not a petition under Article 226 of Constitution of India. 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.: 259