- 1 - HC-KAR NC: 2026:KHC:26188 W.P. No.9840/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.9840/2022 (GM-CPC) BETWEEN: DR. SREE HARSHA C.K. AGED ABOUT 54 YEARS SPINE SURGEON “BHARATHI”, NO.2265/19, 6TH CROSS 2ND MAIN, VINAYAKA NAGAR MYSURU-570012. …PETITIONER (BY SRI. PRAKASH Y.V. ADV., FOR SRI. Y.K. NARAYANA SHARMA, ADV.,) AND: 1. M/S. APOLLO B.G.S. HOSPITALS ADICHUNCHANAGIRI ROAD KUVEMPUNAGAR, MYSURU-570023 REP. BY ITS GENERAL MANAGER MR. N.G. BHARATEESH REDDY S/O SRI. N. GURAPPA REDDY AGED ABOUT 48 YEARS. 2. MR. N.G. BHARATEESH REDDY S/O SRI. N. GURAPPA REDDY AGED ABOUT 48 YEARS RESIDING AT DWARAKA NO.1199 2ND CROSS, PADUVANA ROAD T K LAYOUT, MYSURU-560057. …RESPONDENTS (BY SRI. MILASH ARROL NORONHA, ADV., FOR SRI. DINESH SOLANKI, ADV., FOR R1 & R2) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26188 W.P. No.9840/2022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 29.01.2022 PASSED ON PRELIMINARY ISSUE IN O.S.NO.695/2016 IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURU, VIDE ANNX-H AND TO ORDER THAT THE SUIT IS MAINTAINABLE & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking the following prayer: “Issue a Writ of Certiorari or other appropriate Writ or order and set aside the order dated 29.01.2022 passed on Preliminary Issue in O.S.No.695/2016 in the Court of Principal Senior Civil Judge & CJM, Mysuru, as per Annexure-H and to order that the suit is maintainable”. 2. The impugned order is passed under Order XIV Rule 2 of the Code of Civil Procedure, 1908, dismissing the suit on the preliminary issue which amounted to a decree. - 3 - HC-KAR NC: 2026:KHC:26188 W.P. No.9840/2022 3. In view of the same, the present petition is not maintainable. The same is disposed of with liberty to the petitioner to file an appeal in accordance with law. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 47