Smt. P.N. Sudha vs Sri. Govindaraju on 16 March, 2026

Karnataka High Court

Smt. P.N. Sudha vs Sri. Govindaraju on 16 March, 2026

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                  -1-
                                                               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,
                             -2-
                                         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  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

SPONSORED

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