Disposed¶3

Shri Yogeesh v. Shri T P G Rajith Rudra

Civil Procedure – Interlocutory order – Remedy

Karnataka HC18 Aug 2025WP/16443/2024

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What is this about?

Karnataka HC (Bengaluru), W.P. No. 16443/2024 (GM-CPC), Justice M. Nagaprasanna, decided 18-08-2025. Article 227 writ challenge to order dated 26.02.2024 of 2nd Addl. Senior Civil Judge and JMFC, Chikkamagaluru in O.S. No. 164/2023 allowing IA No. 5 under Order XXXIX Rules 1 & 2 CPC. Court held the remedy is an appeal before the concerned Court under Order XLIII Rule 1 CPC, not an Article 226 petition; petition disposed with liberty reserved. No precedent cited; no quantum.

What did the court decide?

Petition disposed of, reserving liberty to the petitioner to pursue the remedy of an appeal before the concerned Court under Order XLIII Rule 1 CPC. ¶3

Shri Yogeesh Vs Shri T P G Rajith Rudra — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:31968 WP No. 16443 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16443 OF 2024 (GM-CPC)

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BETWEEN:

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SHRI YOGEESH AGED ABOUT 59 YEARS, S/O LATE SHRI KALLAPPA, R/O NALLUR POST, KALLADEVARAHALLI VILLAGE, CHIKKAMAGALURU TALUK - 577 101.

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…PETITIONER

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(BY SRI. K S GANESHA., ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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SHRI T P G RAJITH RUDRA S/O SHRI T.P.R. GANESH PRASAD, AGED ABOUT 36 YEARS, R/O NARASHINGA RAO ROAD, NEAR GRAND KRISHNA HOTEL, BASAVANAHALLI, CHIKKAMAGALURU-577 101

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SHRI.T.P.G.RAKSHITH RUDRA, S/O T.P.R. GANESH PRASAD, AGED ABOUT 31 YEARS, R/O NO.297, KODIHALLI ROAD, BIRUR, KADUR TALUK, CHIKKAMAGALURU DISTRICT -577116

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SHRI T.P.R. GANESH PRASAD, AGED BOUT 70 YEARS, S/O SHRI LATE T.P.R.RUDRARADHYA,

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NC: 2025:KHC:31968 WP No. 16443 of 2024

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HC-KAR

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R/O NO.297, KODIHALLI ROAD, BIRUR, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577116.

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SMT. SUDHA G.PRASAD, W/O SHRI T.P.R.GANESH PRASAD, AGED ABOUT 61 YEARS, R/O NO.297, KODIHALLI ROAD, BIRUR, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577116.

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M/S SHIVANEEL GAS AND SALES, JAYANAGARA, CHIKKAMAGALURU-577 101.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 26.02.2024 (ANNEXURE-F) PASSED IN OS NO. 164/2023 BY THE 2^ND ADDL. SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU ON IA NO. 5 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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What is called in question is the order passed by the concerned Court allowing the application filed by the petitioner

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under Order XXXIX Rule 1 and 2 of Code of Civil Procedure. The order is passed after hearing both the parties in detail.

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NC: 2025:KHC:31968 WP No. 16443 of 2024

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HC-KAR

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Therefore, the remedy that is available to the

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petitioner is to file an appeal before the concerned Court and not a petition under Article 226 of Constitution of India.

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In the light of the remedy available under Order XLIII Rule 1 of Code of Civil Procedure, the petition stands disposed , reserving such liberty.

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Sd/(M.NAGAPRASANNA) JUDGE

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SSD List No.: 1 Sl No.: 260

Shri Yogeesh v. Shri T P G Rajith Rudra

Case brief

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Shri Yogeesh v. Shri T P G Rajith Rudra

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