High Court of Karnataka held that an order dismissing a suit as not maintainable constitutes a decree, making an appeal under Section 96 CPC the proper remedy instead of filing a writ petition under Article 227.
The writ petition is dismissed while reserving liberty to the petitioners to file an appeal under Section 96 of CPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 17246 OF 2024 (GM-CPC)
BETWEEN:
SINCE DEAD BY LRS PETITIONERS NO.2 TO 4 ARE THE LRS, (ALREADY ON RECORD
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT LALITHADRIPURA VARUNA HOBLI MYSURU TALUK-570001.
…PETITIONERS
(BY SRI. SANGAMESH R B., ADVOCATE)
AND:
1(a) KEMPEERA S/O LATE CHIKKAMADAPPA AGED ABOUT 50 YEARS R/AT NO.457, NEAR HARIHARA HOTEL M G ROAD. JSS HOSPITAL CIRCLE MYSURU CITY-570004.
D/O LATE CHIKKAMADAIAH AGEAD BOUT 60 YEARS R/AT CHIKKAKADANAHALLI VILLAGE BILIKERE HOBLI, HUNSUR TALUK-570003.
D/O LATE CHIKKAMADAIAH AGED ABOUT 55 YEARS R/AT NO.246, 1ST CROSS GOKULAM, MYSURU-570002.
1(d) AND (e) BOTH ARE R/AT NADANAHALLI VILLAGE KASABA HOBLI, MYSURU TALUK.
AGED ABOUT 67 YEARS
SINCE DEAD BY LRS. RESPONDENT NO 3 TO 6 ON RECORD
AGED ABOUT 54 YEARS
SINCE DEAD BY LRS
W/O LATE SHIVAPPA
AGED ABOUT 55 YEARS
NC: 2024:KHC:33820 WP No. 17246 of 2024
6. SRI. CHANDRA S/O LATE DODDAMADAPPA AGED ABOUT 54 YEARS
DEFENDANTS 2 TO 6 ARE R/AT NADANAHALLI VILLAGE VARUNA HOBLI MYSURU TALUK 570017
D/O LATE NANJAMANAMMA AGED ABOUT 43 YEARS
SINCE DEAD BY LRS.
W/O LATE NANJAPPA
8(b) BASAVANNA
W/O LATE NANJAPPA AGED ABOUT 25 YEARS
8(a) & 8 (b) BOTH ARE
R/AT LALITHADRIPURA VILLAGE, VARUNA HOBLI MYSURU TALUK-570009.
S/O LATE NANJAMANAMMA AGED ABOUT 35 YEARS
DEFENDANT NO.7 TO 12 ARE R/AT LALITHADRIPURA VILLAGE, VARUNA HOBLI MYSURU TALUK-570009.
14. NANJAPPA
S/O LATE DODDAMADAPPA AGED ABOUT 65 YEARS, R/AT NADANAHALLI VILLAGE VARUNA HOBLI, MYSURU TALUK-570015.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 2.2.2024 PASSED IN OS.NO.339/2013, ON THE FILE OF SECOND ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU, ON THE ADDITIONAL ISSUE WITH REGARD TO MAINTAINABILITY OF SUIT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Office has raised an objection regarding the maintainability of the writ petition on the ground that the original suit in O.S.No.339/2013 has been dismissed imposing costs of Rs.500/- on the plaintiff. Therefore, an
NC: 2024:KHC:33820 WP No. 17246 of 2024
appeal under Section 96 of the Code of Civil Procedure, 1908 (for short ‘CPC’), will have to be filed and a writ petition cannot be filed questioning the said order.
Every dismissal of a original suit would amount to a decree under Section 96 of CPC. Therefore, office objections are upheld.
NC: 2024:KHC:33820 WP No. 17246 of 2024
Sd/(R DEVDAS) JUDGE
DL CT: JL
2 issues framed by the court
Whether a writ petition can be filed under Article 227 challenging an order dismissing a suit as not maintainable without drawing a decree.
Whether dismissal of an original suit constitutes a decree attracting appeal under Section 96 of the CPC.
2 provisions across 2 enactments
GANAPATHI S/O NANJAPPA AND OTHERS
SRI. CHIKKAMADAIAH AGED ABOUT 88 YEARS AND OTHERS
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
