Karnataka High Court
Smt. P.N. Sudha vs Sri. Govindaraju on 16 March, 2026
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2026:KHC:15518
WP No. 7697 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 7697 OF 2026 (GM-CPC)
BETWEEN:
SMT. P. N. SUDHA
WIFE OF D. N. PRASAD,
AGED ABOUT 50 YEARS,
RESIDING AT NO. 21,
6TH MAIN, KUVEMPUNAGAR,
DODDAKALLASANDRA,
BENGALURU - 560 062.
...PETITIONER
(BY SRI. ANIRUDH R. S., ADVOCATE FOR
SMT. SUSHMA NAGRAJ., ADVOCATE)
AND:
1. SRI. GOVINDARAJU
S/O LATE LAKSHMINARAYANAPPA,
Digitally signed by AGED ABOUT 66 YEARS,
DHANALAKSHMI
MURTHY RESIDING AT NO. 45,
Location: HIGH CHINNAKURCHI VILLAGE,
COURTOF K. GOLLAHALLI POST,
KARNATAKA KENGERI HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 060.
2. SRI. MANOJ GOWDA M. L.
S/O VARALAKSHMI,
S/O LAXMI KUMAR,
AGED ABOUT 27 YEARS,
RESIDING AT MALATHALLI VILLAGE,
HAMLET OF BETHAMGERE,
GANAKAL POST, BIDADI HOBLI,
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NC: 2026:KHC:15518
WP No. 7697 of 2026
HC-KAR
RAMANAGARA TALUK,
BANGALORE SOUTH DISTRICT-562 109.
...RESPONDENTS
(BY SRI. B. N. SUNILKUMAR., ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
WRIT, DIRECTION OR ORDER, TO QUASH THE IMPUGNED
ORDER PRODUCED HEREWITH AT ANNEXURE-J FOR BASING
RELIANCE ON UPLOADING ORDER ON ECOURTS/KIOSK AS
EQUIVALENT TO SERVICE OR INTIMATION AS REQUIRED BY
ORDER V OF THE CODE OF CIVIL PROCEDURE, 1908.
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
Learned counsel for the respondents has raised a
preliminary objection regarding maintainability of this writ
petition stating that against the order passed under Order
39 Rules 1 and 2 of Code of Civil Procedure, the petitioner
has a remedy of an appeal, hence, this writ petition is not
maintainable.
2. In view of the above, this writ petition is disposed
of reserving liberty to the petitioner to approach the
appropriate legal forum.
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NC: 2026:KHC:15518
WP No. 7697 of 2026
HC-KAR
3. The interim order granted by this Court on
06.03.2026 will be continued for a further period of two
weeks.
4. It is made clear that, if the petitioner approaches
the I Appellate Court, the I Appellate Court is directed to
consider the matter on merits.
All the contentions of the parties are kept open.
In view of disposal of the main matter, all pending
applications stand disposed of.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
List No.: 1 Sl No.: 128