- 1 - HC-KAR NC: 2026:KHC:17928 WP No. 1783 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1783 OF 2026 (GM-CPC) BETWEEN: M.S. VASUDEVA S/O M. SIDDAIAH AGED ABOUT 44 YEARS RESIDING AT NO.72 1ST FLOOR, 10TH CROSS 29TH MAIN, 1ST PHASE JP NAGAR, BANGALORE - 560 078. …PETITIONER (BY SRI ARCHANA K.M, ADV.) AND: B.N. RAMASWAMY S/O LATE B. NARASIMHAIAH SETTY AGED ABOUT 70 YEARS RESIDING AT MUDIMADUGU POST SRINIVASAPURAM TALUK KOLAR DISTRICT – 563 134. …RESPONDENT (BY SMT. S. AISHWARYA, ADV., FOR SRI RAJESWARA P.N, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.11.2025 VIDE ANNEXURE-A PASSED ON I.A. NO. 1 AND 2 IN MISC. NO. 476 OF 2025 PASSED BY LII ADDL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-53), KARNATAKA, ALLOW I.A. NO. 1 AND 2 AND CONSEQUENTLY Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17928 WP No. 1783 of 2026 RESTORE MISC. NO. 476 OF 2025 ON THE FILE OF THE LII ADDL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH- 53) IN THE INTERESTS OF JUSTICE AND EQUITY. 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 1. In this petition, the petitioner-Judgment Debtor has called in question the order dated 22.11.2025 passed on I.A.Nos.1/2025 to 3/2025 by the LII Additional City Civil and Sessions Judge, Bengaluru in Mis.No.476/2025, whereby the said applications have been dismissed. 2. Since the miscellaneous petition filed under Order IX Rule 13 read with Section 151 of CPC has been dismissed, the remedy available for the parties is to file an appeal under Order XLIII Rule 1(d) of CPC. Therefore, the writ petition is not maintainable. - 3 - HC-KAR NC: 2026:KHC:17928 WP No. 1783 of 2026 3. In view of the above, following order is passedL ORDER a) The writ petition is dismissed, reserving liberty to the petitioner to approach the appropriate legal forum. b) Interim order granted by this Court on 21.01.2026 is extended to a further period of two weeks. c) It is made clear that if an appeal is filed and any application for stay is submitted therein, the First Appellate Court shall consider and decide the same independently, without being influenced by any interim order granted by this Court. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 68