- 1 - HC-KAR NC: 2026:KHC:3832 WP No. 509 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 509 OF 2026 (GM-CPC) BETWEEN: SRI DEVARAJA J. C., S/O CHOWDAPPA, AGED ABOUT 44 YEARS, R/O JANNEHAKLU VILLAGE, SHIRIVANTE POST, TALGUPPA HOBLI, SAGARA TALUK – 577 401 …PETITIONER (BY SRI. HARISH KUMAR M. S., ADVOCATE) AND: 1. SMT. SHALINI KRISHNA NAIK W/O KRISHNA NAYAK, AGED ABOUT 57 YEARS, R/O KUGWE VILLAGE, JOGA ROAD, PRAGATHI NAGAR, OPP.: TO KSRTC DEPOT, .. SAGARA TALUK – 577 401 2. ISHWAR DYAVA NAIK S/O DODDADHYAVA NAIK, AGED ABOUT MAJOR, R/O GADDE MANE LAYOUT, LOHIYA NAGAR, SAGARA TALUK – 577 401. 3. ASSISTANT EXECUTIVE ENGINEER MESCOM, NAGARA UPVIBHAGA, SAGARA TALUK – 577 401 …RESPONDENTS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3832 WP No. 509 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.12.2025 PASSED IN OS NO. 285/2025 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC AT SORABA SHIVAMOGGA IN ON IA NO. 9/2025 VIDE ANNX-Q. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by defendant No.1 in O.S.No.285/2025 is directed against the impugned order dated 18.12.2025 passed on I.A.No.9 by the Principal Civil Judge and JMFC, Soraba (for short “the Trial Court”), whereby the said application filed by the respondents- plaintiff and defendant Nos.2 and 3, under Sections 4 and 5 of the Specific Relief Act r/w. Order XXXIX Rules 1 and 2 CPC was allowed by the Trial Court. 2. Heard learned counsel for the petitioner and perused the material on record. 3. A perusal of the impugned order will indicate that the source of power for the Trial Court to pass the impugned order is traceable to Order XXXIX Rules 1 and 2 CPC, which is appealable under Order XLIII Rule 1 CPC. - 3 - HC-KAR NC: 2026:KHC:3832 WP No. 509 of 2026 4. Under these circumstances, the petition stands disposed of reserving liberty in favour of the petitioner to file appropriate appeal before the Jurisdictional Appellate Court and if such an appeal is filed before the jurisdictional Appellate Court within a period of weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act. Registry is directed to return back all the papers after retaining a photostat copy of the same, to the learned counsel for the appellant, forthwith, without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 60