- 1 - HC-KAR NC: 2025:KHC:31956 WP No. 9238 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. 9238 OF 2024 (GM-CPC) BETWEEN: SAINATH M S S/O M R SRINIVAS AGED ABOUT 36 YEARS R/AT NO. 18, OLD NO. 1913, 12TH CROSS 2ND MAIN KALABYRAVESHWARA AYURVEDIC COLLAGE BACK SIDE, HAMPINAGAR, RPC LAYOUT, BENGALURU - 560 0104 AND AT SHREE MEENAKSHI SILKS NO.671, CHICKPET, BENGALURU - 560 053 …PETITIONER (BY SRI. MADHU S. B., ADVOCATE) AND: SMT D M SHAKUNTALA W/O D N MARUTHI AGED ABOUT 61 YEARS R/AT NO. 17, 1ST FLOOR 4TH CROSS, MALLESHWARAM BENGALURU 560 003 REP. BY HER SPA HOLDER D N MARUTHI …RESPONDENT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31956 WP No. 9238 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD IMPUGNED ORDER DTD 12.02.2024 ON IA NO. 2 FILED BY THE RESPONDENT HEREIN U/O XXXVIII RULE 5 OF CPC IN OS NO. 3160/2023 ON THE XXXIX ADDL CITY CIVIL JUDGE (CCH-40) BENGALURU 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 on application filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure after hearing both the parties by a detailed order. The remedy to call that in question is by filing an appeal under Order XLIII Rule 1 of Code of Civil Procedure and not a subject petition under Article 227 of Constitution of India. 2. In that light, reserving liberty to the petitioner to avail such remedy, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SSD List No.: 1 Sl No.: 254