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2026 DAILYLAW 49802 (KAR)

SMT M C ROHINI v. SRI C MANJUNATH

WP/1525/2020 · 2026-01-09

Tara Vitasta Ganju

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:1274 WP No. 1525 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 1525 OF 2020 (GM-CPC) BETWEEN: SMT. M C ROHINI W/O SRI S VIJAYABABU AGED ABOUT 38 YEARS, NO.1, 1ST CROSS, 1ST STAGE, 3RD BLOCK VINAYAKA LAYOUT, NAGARABHAVAI BENGALURU-560072. …PETITIONER (BY SRI. SURESH.P., ADVOCATE) AND: 1. SRI C MANJUNATH S/O C CHOWDAIAH AGED ABOUT 37 YEARS, R/AT NO.266, THUNGABHADRA ROAD, 10TH CROSS, V V NAGAR, KALLAHALLI EXTENTION, MANDYA CITY. 2. SRI GOPISETTY SRINIVAS S/O LATE K G KRISHNA AGED ABOUT 48 YEARS, RESIDING AT H.NO.1-24-625 PLOT NO.67, MARUTHI NAGAR, ROAD NO.5, TIRUMALGHERRY - 2 - HC-KAR NC: 2026:KHC:1274 WP No. 1525 of 2020 SECUNDARABAD ANDRA PRADESH-500015. …RESPONDENTS (BY SRI. H B CHANDRASHEKAR., ADVOCATE FOR C/R1; SRI. PAVAN KUMAR.Y.DHONGDE., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE HON'BLE TRIAL COURT I.E. HONBLE CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH 65) IN O.S.NO.3514/2012 AND QUASH THE ORDER DT.18.10.2019 IN O.S.NO.3514/2012 ON IA FILED BY PETITIONER UNDER ORDER 7 RULE 11(a) AND (d) ON THE PENDING FILE OF THE HON'BLE CITY CIVIL AND SESSION JUDGE AT BENGALURU (CCH-65) VIDE ANNEXUR-A AS THE SAME IS ILLEGAL ARBITRARY AND WITHOUT THE AUTHORITY OF LAW AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition has been filed seeking to challenge an order dated 18.10.2019 in O.S.No.3514/2012 passed by the learned LXIV Additional City Civil & Sessions Judge (CCH-65), Bengaluru. By the impugned order, the plaint filed by the plaintiff has been allowed in part. 2. Learned counsel for the petitioner does not dispute that the remedy of revision under Section 115 of the CPC is ordinarily to be exercised for such a dismissal. However, he - 3 - HC-KAR NC: 2026:KHC:1274 WP No. 1525 of 2020 submits that the matter has been heard for long. The submission of learned counsel for the petitioner is without any merit when a remedy is provided for in the statute against such an order, the remedy ought to have been exercised by the petitioner. However, that was not done. Instead the petitioner has filed this petition. The petition in view of given the existence of an alternate remedy, this Court finds that it is unable to rectify. 3. After some arguments, learned counsel for the petitioner seeks and is granted liberty to withdraw the present petition to take appropriate remedies in accordance with law for redressal of his wages. 4. The petition is dismissed as withdrawn with liberty as prayed for. (TARA VITASTA GANJU) JUDGE MH/- List No.: 1 Sl No.: 12 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA