- 1 - HC-KAR NC: 2026:KHC:9922 WP No. 22198 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22198 OF 2024 (GM-CPC) BETWEEN: SMT. R. MANJULA W/O N. VENKATESH, AGED ABOUT 63 YEARS, RESIDING AT NO.16, MANJULA NIVAS, SEETHARAMAIAH LAYOUT, GOVINDAPPA ROAD, YESHWANTHAPURA, BENGALURU-560 022. …PETITIONER (BY SRI. THYAGARAJA S., ADVOCATE) AND: SRI. S. PRASANNA KUMAR S/O T.R. SHIVARUDAPPA, AGED ABOUT 72 YEARS, RESIDING AT SREE SIDDALINGESHWARA NILAYA, NO.192, 11TH CROSS, ASHOK NAGAR, TUMKUR-563 121. …RESPONDENT (BY SRI. HARSHITH B., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 09.07.2024 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND ACJM, TUMAKURU DISMISSING Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9922 WP No. 22198 of 2024 THE MISC.NO.26/2021 FILED BY THE PETITIONER UNDER ORDER IX RULE 9 CPC, VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “(a) Issue a Writ, Order in the nature of certiorari in quashing the impugned order dated 9-7-2024 passed by the I Addl. Senior Civil Judge and ACJM, Tumakuru dismissing the Misc No.26/2021 filed by the petitioner under order IX Rule 9 of CPC, vide Annexure 'A'; (b) grant such other relief or reliefs as this Hon'ble Court deems fit to grant in facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition with liberty to file a Miscellaneous Appeal (MA) before the jurisdictional Appellate Court. 3. Memo is placed on record. 4. Petition stands disposed of reserving liberty in favour of the petitioner to file a Miscellaneous Appeal (MA) before the - 3 - HC-KAR NC: 2026:KHC:9922 WP No. 22198 of 2024 jurisdictional Appellate Court. If such an appeal is filed by the petitioner within a period of 6 weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act. 5. Registry is directed to return back all the papers to the learned counsel for the petitioner forthwith without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE HB List No.: 1 Sl No.: 16