- 1 - HC-KAR NC: 2026:KHC:15518 WP No. 7697 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7697 OF 2026 (GM-CPC) BETWEEN: SMT. P. N. SUDHA WIFE OF D. N. PRASAD, AGED ABOUT 50 YEARS, RESIDING AT NO. 21, 6TH MAIN, KUVEMPUNAGAR, DODDAKALLASANDRA, BENGALURU – 560 062. …PETITIONER (BY SRI. ANIRUDH R. S., ADVOCATE FOR SMT. SUSHMA NAGRAJ., ADVOCATE) AND: 1. SRI. GOVINDARAJU S/O LATE LAKSHMINARAYANAPPA, AGED ABOUT 66 YEARS, RESIDING AT NO. 45, CHINNAKURCHI VILLAGE, K. GOLLAHALLI POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 560 060. 2. SRI. MANOJ GOWDA M. L. S/O VARALAKSHMI, S/O LAXMI KUMAR, AGED ABOUT 27 YEARS, RESIDING AT MALATHALLI VILLAGE, HAMLET OF BETHAMGERE, GANAKAL POST, BIDADI HOBLI, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15518 WP No. 7697 of 2026 RAMANAGARA TALUK, BANGALORE SOUTH DISTRICT-562 109. …RESPONDENTS (BY SRI. B. N. SUNILKUMAR., ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, DIRECTION OR ORDER, TO QUASH THE IMPUGNED ORDER PRODUCED HEREWITH AT ANNEXURE-J FOR BASING RELIANCE ON UPLOADING ORDER ON ECOURTS/KIOSK AS EQUIVALENT TO SERVICE OR INTIMATION AS REQUIRED BY ORDER V OF THE CODE OF CIVIL PROCEDURE, 1908. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER Learned counsel for the respondents has raised a preliminary objection regarding maintainability of this writ petition stating that against the order passed under Order 39 Rules 1 and 2 of Code of Civil Procedure, the petitioner has a remedy of an appeal, hence, this writ petition is not maintainable. 2. In view of the above, this writ petition is disposed of reserving liberty to the petitioner to approach the appropriate legal forum. - 3 - HC-KAR NC: 2026:KHC:15518 WP No. 7697 of 2026 3. The interim order granted by this Court on 06.03.2026 will be continued for a further period of two weeks. 4. It is made clear that, if the petitioner approaches the I Appellate Court, the I Appellate Court is directed to consider the matter on merits. All the contentions of the parties are kept open. In view of disposal of the main matter, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 128