- 1 - HC-KAR NC: 2026:KHC-D:564 WP No. 102411 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.102411 OF 2025 (GM-CPC) BETWEEN: 1. M THIPPESWAMY S/O. LATE SANNA HANUMANTHAPPA, AGE. 55 YEARS, OCC. AGRICULTURE, 2. M YAMUNAPPA S/O. LATE SANNA HANUMANTHAPPA, AGE. 46 YEARS, OCC. AGRICULTURE, BOTH ARE R/O. 8TH WARD, KONDANAYAKANAHALLI VILLAGE, TALUKA. HOSAPETE, DISTRICT. VIJAYANAGAR-583201. …PETITIONERS (BY SRI. SRINIVAS B.NAIK, ADVOCATE) AND: 1. M SHARANAPPA S/O. LATE SANNA HANUMANTHAPPA, AGE. 52 YEARS, OCC. AGRICULTURE, 2. M MRUTHUNJAYA S/O. LATE SANNA HANUMANTHAPPA, AGE. 49 YEARS, OCC. AGRICULTURE, BOTH ARE R/O. 8TH WARD, KONDANAYAKANAHALLI VILLAGE, TALUKA. HOSAPETE, DISTRICT. VIJAYANAGAR-583201. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 08.08.2024 PASSED BY PRINCIPAL CIVIL JUDGE AND JMFC HOSAPETE IN OS FR NO.196/2024 VIDE ANNEXURE-B, IN THE ENDS OF JUSTICE AND EQUITY AND ETC.,. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:564 WP No. 102411 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The office has raised objection with regard to maintainability of the writ petition as the petitioner had questioned an order passed by the Trial Court under Order VII Rule 11(a) of CPC. 2. The learned counsel appearing for the petitioner submits that even before the case was registered, the Trial Court had passed the order suo moto and there is no such powers vested with the Court to pass the order. As such, the present writ petition is filed before this Court. 3. This Court is unable to appreciate the submission of the learned counsel appearing for the petitioner because, when the plaint is rejected under Order VII Rule 11(a) of the CPC, the remedy available to the petitioner is to prefer a regular appeal, but not a writ petition under Article 227 of the Constitution of India. The office objection with regard to maintainability is upheld. Accordingly, this Court is passing the following: - 3 - HC-KAR NC: 2026:KHC-D:564 WP No. 102411 of 2025 ORDER (i) The writ petition is disposed off giving liberty to the petitioner to avail the appropriate remedy within two weeks from the date of receipt of copy of the order. (ii) The petitioner shall have the benefit under Section 14 of the Limitation Act. (iii) All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 5