- 1 - HC-KAR NC: 2026:KHC:35952 WP No. 12097 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12097 OF 2026 (GM-CPC) BETWEEN: SRI Y.N. MANJUNATH S/O MUNISHAMAPPA AGED ABOUT 47 YEARS R/AT YELIUR VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI. SHIVAKUMAR N., ADVOCATE) AND: 1. SRI DODDANNA AND SMT. GOPAMMA (DEAD BY THEIR LR'S) 1a. SRI D NAGARAJ S/O DODDANNA AGED ABOUT 49 YEARS 2. SMT. NAGAMANI W/O D NAGARAJ AGED ABOUT 41 YEARS 3. SHOBHARAJ S/O D NAGARAJ AGED ABOUT 25 YEARS 4. LEKHANA D/O D NAGARAJ Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35952 WP No. 12097 of 2026 AGED ABOUT 21 YEARS ALL RESPONDENTS ARE R/AT YELIUR VILLAGE CHANNARAYAPATA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562110. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 12.08.2025 PASSED BY THE COURT OF III ADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI IN O.S. NO.87/2017 ON I.A NO. 6 FILED BY THE DEFENDANTS/RESPONDENTS UNDER ORDER 47 RULE 1 R/W SECTION 151 OF CPC IN ALLOWING THE APPLICATION. A CERTIFIED COPY OF THE ORDER IS HEREBY PRODUCED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The office has raised an objection with regard to maintainability in view of Order 43 Rule 1(W) of CPC. 2. Learned counsel for the petitioner submits that the order passed by the Court is without jurisdiction. 3. Whether it is with or without jurisdiction, the remedy available to the petitioner is to file an appeal. The petitioner can raise all these grounds in the appeal. - 3 - HC-KAR NC: 2026:KHC:35952 WP No. 12097 of 2026 4. Accordingly, the writ petition is dismissed as withdrawn with a liberty to avail the appropriate remedy within a period of two weeks from the date of receipt of copy of the order. 5. The registry is directed to return all the documents by retaining the xerox copies. 6. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 47