- 1 - HC-KAR CNR: KAHC010670152026 NC: 2026:KHC:55287 WP No. 30599 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30599 OF 2026 (GM-CPC) BETWEEN: 1. DR. MAHENDRA JAIN AGED ABOUT 61 YEARS, S/O LATE SRI P. KANTHARAJAIAH R/A NO.206/15, 2ND FLOOR, 10TH D MAIN, NOW KNOWN AS, 4 TH MAIN, JAYANAGAR FIRST BLOCK, BENGALURU 560011. 2. SMT. MALINI JAIN AGED ABOUT 50 YEARS, W/O DR. MAHENDRA JAIN, R/A 0.206/15 2ND FLOOR, 10TH D MAIN, NOW KNOWN AS, 4 TH MAIN, JAYANAGAR FIRST BLOCK, BENGALURU 560011. …PETITIONERS (BY SRI. T.V. SUBRAMANYA PRASAD, ADVOCATE) AND: 1. SMT. MALA JAIN KANTHARAJAIAH @ MALA VINSEL Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010670152026 NC: 2026:KHC:55287 WP No. 30599 of 2026 AGED ABOUT 64 YEARS D/O LATE SRI P. KANTHARAJAIAH W/O JAMES DAVID DOUGLAS VINSEL R / EPSILON 5442, NW SKY CREST PARKWAY PORTLAND OR 97229 UNITED STATE OF AMERICA PRESENTLY RESIDING AND OWNING THE GROUND FLOOR, MUNICIPAL NO.206/15, PID NO.62-54-15, 10TH D MAIN, NOW KNOWN AS, 4TH MAIN, JAYANAGAR FIRST BLOCK, BENGALURU 560011. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 21.07.2026 PASSED BY THE IX ADDL. CITY CIVIL AND SESSONS JUDGE, AT BANGALORE IN O.S NO.4553 OF 2026 (ANNEXURE-A) ALLOWING THE APPLICATION UNDER ORDER XXXIX RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908 NUMBERED AS IA NO. 4 AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010670152026 NC: 2026:KHC:55287 WP No. 30599 of 2026 CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Office has raised objection regarding maintainability of the petition in view of Order 43 Rule 1(r) of CPC. In view of office note, writ petition is dismissed as not maintainable with liberty to the petitioners to file appeal as available in accordance with law. If request is made to return the certified copies, the Registry shall consider the same. SD/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 41