- 1 - HC-KAR CNR: KAHC010109592017 NC: 2026:KHC:48993 WP No. 47358 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 47358 OF 2017 (GM-CPC) BETWEEN: SRI.L.KRISHNAMURTHY S/O LACHERA MANJAPPA AGED ABOUT 58 YEARS R/O HARNALLI VILLAGE SHIVAMOGGA -577416 …PETITIONER (BY SRI. RUDRAIAH M, ADVOCATE) AND: 1. SMT.GAYATHRI D/O LACHERA MANJAPPA AGED ABOUT 58 YEARS R/O HARNALLI VILLAGE SHIVAMOGGA -577416 2. 2(A) SMT.LAXMAMMA W/O RANGAPPA SINCE DECEASED BY LRS, SRI.JAYAPPA S/O LAXMAMMA AGED ABOUT 43 YEARS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010109592017 NC: 2026:KHC:48993 WP No. 47358 of 2017 2(B) SRI.VIJAYAPPA S/O LAXMAMMA AGED ABOUT 43 YEARS BOTH ARE R/O MYLARA BEEDI HARANAHALLI VILLAGE SHIVAMOGGA -577416 3. SMT.GEETHA W/O DEVENDRAPPA AGED ABOUT 53 YEARS R/O HARANAHALLI VILLAGE SHIVAMOGGA -577416 4. 4(A). SMT.GIRIJAMMA D/O LACHERA MANJAPPA SINCE DECEASED BY HER LRS, SRI.VIJAYANANDA S/O GIRIJAMMA AGED ABOUT 45 YEARS R/O NO.2/20 ASHOKA NAGARA, G.K.PRIMARY SCHOOL ROAD SHIVAMOGGA -577201 5. 5(A). SMT.NAGAMMA W/O NINGAPPA SINCE DECEASED BY HER LRS SRI.DEVENDRA S/O NAGAMMA AGED ABOUT 46 YEARS 5(B). SRI.SURESH S/O NAGAMMA - 3 - HC-KAR CNR: KAHC010109592017 NC: 2026:KHC:48993 WP No. 47358 of 2017 AGED ABOUT 40 YEARS 5(C). SMT.BABY D/O NAGAMMA AGED ABOUT 38 YEARS 5(D). SMT.NETRA D/O NAGAMMA AGED ABOUT 35 YEARS ALL ARE R/O AGALERA BEEDI SANTHEBENNUR TOWN CHANNAGIRI TALUK DAVANAGERE-577213 6. SMT.HALAMMA W/O RAJAPPA AGED ABOUT 57 YEARS R/O NEAR IRRIGATION DEPARTMENT OFFICE NEAR CIRCUIT HOUSE DAVANAGERE-577001 7. SMT.SUBHADRA W/O SURESHAPPA AGED ABOUT 54 YEARS R/O CHIRADONI VILLAGE CHANNAGIRI TALUK DAVANAGERE-577213 8. SRI.MANJAPPA S/O RANGAPPA AGED ABOUT 49 YEARS AGRICULTURIST R/O HARNAHALLI SHIVAMOGGA TALUK - 4 - HC-KAR CNR: KAHC010109592017 NC: 2026:KHC:48993 WP No. 47358 of 2017 9. SRI.R.NAGAPPA S/O RANGAPPA AGED ABOUT 30 YEARS R/O HARANAHALLI SHIVAMOGGA TALUK …RESPONDENTS (BY SRI.M.ASHOK KUMAR, ADVOCATE FOR R.1, R.2(A), R.4(A), R.5(C), R.5(D), R.8 AND R.9 - SERVED; NOTICE TO R.2(B) IS H/S V/O/D 23.06.2021; P'SD R.1(A) - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE I ADDL. CIVIL JUDGE (SR.DN.) AND CJM, SHIMOGA IN R.A.NO.184/2013 DATED 28.08.2017 AT ANNX-G AND FURTHER BE PLEASED TO RESTORE THE APPEAL BACK TO FILE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed calling in question the order dated 28.08.2017 passed in R.A.No.184/2013 by the learned I Additional Civil Judge (Senior Division) and Chief Judicial Magistrate, Shivamogga, whereby the appeal - 5 - HC-KAR CNR: KAHC010109592017 NC: 2026:KHC:48993 WP No. 47358 of 2017 came to be dismissed as abated on the ground that the petitioners had failed to take effective steps to bring the legal representatives of deceased respondent Nos.2, 4 and 5 on record. 2. The Office has raised an objection regarding the maintainability of the present writ petition. 3. Heard the learned counsel appearing for the petitioners and perused the material on record. 4. The order under challenge is one whereby the appeal has been dismissed as having abated on account of failure on the part of the petitioners to bring the legal representatives of the deceased respondents on record within the time prescribed. In such circumstances, the petitioners have an efficacious remedy before the very Appellate Court by filing appropriate applications seeking setting aside of the abatement and for bringing the legal representatives of the deceased respondents on record. If such applications are accompanied by delay, it is open for - 6 - HC-KAR CNR: KAHC010109592017 NC: 2026:KHC:48993 WP No. 47358 of 2017 the petitioners to seek condonation of the delay by invoking the appropriate provisions of the Limitation Act. 5. Instead of availing the remedy available under the Code of Civil Procedure, 1908 before the Court, which passed the order of abatement, the petitioners have directly invoked the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. This Court is of the view that the existence of an efficacious remedy before the concerned Appellate Court warrants the petitioners being relegated to such remedy, particularly when the question of setting aside the abatement and the sufficiency of the cause shown for the delay, if any, are matters which can appropriately be considered by the said Court in accordance with law. 6. In that view of the matter, the Office objection regarding maintainability is upheld. The writ petition is accordingly dismissed as not maintainable. - 7 - HC-KAR CNR: KAHC010109592017 NC: 2026:KHC:48993 WP No. 47358 of 2017 7. Liberty is reserved to the petitioners to avail the remedy available in law by filing appropriate applications before the learned Appellate Court for setting aside the abatement and for bringing the legal representatives of deceased respondent Nos.2, 4 and 5 on record, along with an application for condonation of delay, if so required. 8. It is needless to observe that, if such applications are filed, the learned Appellate Court shall consider the same on their own merits and in accordance with law, uninfluenced by any of the observations made in this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 8