- 1 - HC-KAR CNR: KAHC010044322022 NC: 2026:KHC:40205 WP No. 1864 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 1864 OF 2022 (GM-CPC) BETWEEN: SRI M PUTTASWAMY S/O LATE MARIYAPPA AGED ABOUT 63 YEARS, R/O ATITBELE VILLAGE, ATITBELE HOBLI - 562 107 ANEKAL TALUK BENGALURU URBAN DISTRICT …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND: 1. SRI H L MUDDE GOWDA DEAD BY LRS SMT SUNANDAMMA W/O LATE H L MUDDEGOWDA AGED ABOUT 79 YEARS 2. SRI H M SHASHIDAR S/O LATE H L MUDDEGOWDA AGED ABOUT 61 YEARS 3. SMT H M TEJAVATHI D/O LATE H L MUDDE GOWDA AGED ABOUT 59 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010044322022 NC: 2026:KHC:40205 WP No. 1864 of 2022 4. SRI H M VIJAYAKUMAR S/O LATE H L MUDDEGOWDA AGED ABOUT 57 YEARS ALL ARE R/AT NO.79, 2ND CROSS 8TH MAIN, CENTRAL EXERCISE LAYOUT VIJAYANAGAR, BANGALORE …RESPONDENTS (BY SRI. G A VISWANATHA REDDY, ADVOCATE FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE ODE DTD.17.1.2022 PASSED IN MIS NO.25/2007 ON THE FILE OF THE LEARNED SR CIVIL JUDGE AND JMFC ANEKAL BENGALURU RURAL DISTRICT MARKED AS ANNEXURE-D AND THE ORDER DTD.8.10.2021 PASSED IN M.A.NO.5068/2020 ON THE FILE OF THE III ADDL DISTRICT AND SESSIONS JUDGE BENGALURU DISTRICT SITTING AT ANEKAL MARKED AS ANNEXURE-E. 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 - 3 - HC-KAR CNR: KAHC010044322022 NC: 2026:KHC:40205 WP No. 1864 of 2022 ORAL ORDER This writ petition is filed seeking the following prayer: "1) Quash the Order dt:17-1-2020 passed in Mis.No.25/2007 on the file of the learned Senior Civil Judge, and JMFC, Anekal, Bengaluru Rural District marked as Annexure “D” and the Order dt: 8-10-2021 passed in M.A.No.5068/2020 on the file of the III Addl. District and Sessions Judge, Bengaluru Rural District, Sitting at Anekal marked as Annexure “E” by issuing a writ in the nature of Certiorari; and 2) Pass such other order as deems fit to grant under the circumstances of the case in the interest of Justice." 2. After arguing the matter for some time, Sri H. C. Shivaramu, learned counsel appearing for the petitioner submits that, in view of the provisions of Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short, 'CPC'), the petitioner/defendant would have preferred an appeal under Section 96 of the CPC. However, he filed a miscellaneous petition and, after dismissal of the same, an appeal was filed, which also came to be dismissed. Hence, learned counsel submits that he would advise his client to prefer an appeal in accordance with law. - 4 - HC-KAR CNR: KAHC010044322022 NC: 2026:KHC:40205 WP No. 1864 of 2022 3. In view of the aforesaid submission, the writ petition is disposed of without interfering with the impugned orders, reserving liberty to the petitioner to file an appeal in accordance with law. 4. It is needless to observe that the petitioner can avail the benefit of Section 14 of the Limitation Act, 1963, while seeking condonation of delay. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 25