- 1 - HC-KAR NC: 2026:KHC:12812 WP No. 34744 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 34744 OF 2025 (GM-CPC) BETWEEN: 1. SMT. PRATHIMA PATIL AGED ABOUT 40 YEARS W/O. MR. BAPURAO PATIL R/AT NO.114, 6TH MAIN POSTAL COLONY, SANJAYNAGAR BENGALURU 560 094. 2. BAPURAO PATIL S/O OF LATE BANDAPPA AGED ABOUT 50 YEARS R/AT NO.114, 6TH MAIN POSTAL COLONY, SANJAYNAGAR BENGALURU 560 094. …PETITIONERS (BY SRI. SANGAMESH R B., ADVOCATE) AND: 1. MUNISHAMAPPA SINCE DEAD BY HIS LRS SAKAMMA W/O LATE MUNISHAMAPPA AGED ABOUT MAJOR R/AT VENKATESHWARA POULTRY FARM NERAGANAHALLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562110. 2. MUNIRATHNAMMA D/O LATE MUNISHAMMAPPA W/O B. VENKATESH AGED ABOUT 60 YEARS R/AT BESIDE PERIWINKLE APARTMENT Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12812 WP No. 34744 of 2025 SRIRAMPURA VILLAGE, JAKKUR POST BANGALORE NORTH – 560064. 3. CHANNAMMA D/O LATE MUNISHAMAPPA AGED ABOUT MAJOR R/AT BESIDE PERIWINKLE APARTMENT SRIRAMPURA VILLAGE, JAKKUR POST BANGALORE NORTH – 560064. 4. CHANNAKESHWA @ KRISHNEGOWDA S/O. DEVAPPA AGED ABOUT 64 YEARS R/AT SRIRAMPURA VILLAGE JAKKUR POST, BENGALURU 560 064 …RESPONDENTS (BY SRI.SATHOSH KUMAR G, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDERS DATED 15.11.24 PASSED ON IA 3 TO 5, FILED BY THE PETITIONERS IN OS 5198/14, ON THE FILE OF VI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Article 227 of the Constitution of India, challenging the order passed by the VI Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.5198/2014, whereby the applications filed by the petitioner/plaintiff under Order XXII Rule 4, Order XXII - 3 - HC-KAR NC: 2026:KHC:12812 WP No. 34744 of 2025 Rule 9 of the Civil Procedure Code, and under Section 5 of the Limitation Act have been dismissed. 2. The learned counsel appearing for the respondents has pointed out that, if the application filed for setting aside the abatement is dismissed, the remedy available to the party is to file an appeal under Order XLIII Rule 1(k) of the Civil Procedure Code, and therefore, a writ petition under Article 227 of the Constitution of India is not maintainable. 3. In view of the above, this writ petition is dismissed, reserving liberty to the petitioner to approach the appropriate legal forum. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 35