Disposed¶44

S R Bheemarayashetty v. G Ganeshamurthy

Karnataka HC3 Nov 2025WP/33044/2025

Case brief

AI extract

What is this about?

Karnataka HC, Art. 227, WP 33044/2025 (GM-CPC), decided 03-11-2025 by Justice B M Shyam Prasad; Order XXXIX Rule 2A CPC application I.A.No.4 in O.S.No.469/2025 registered as separate Miscellaneous Petition No.12/2025; maintainability of contempt-proceedings application; no irregularity in registry direction; objections permitted; writ disposed without prejudice to contesting suit and miscellaneous petition; Hosadurga civil Court; no quantum involved; no precedents cited.

What did the court decide?

The Court finds no irregularity in the civil Court directing the application to be registered as a separate petition, and it remains open to the petitioners to show cause against the maintainability of the petition. ¶40

S R Bheemarayashetty Vs G Ganeshamurthy — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the application (I.A.No.4) for action against the petitioners under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 — characterised by the petitioners' counsel as an application for initiation of contempt proceedings and registered as Miscellaneous Petition No.12/2025 — is maintainable, given the counsel's assertion that if the suit itself is not maintainable the application would not be maintainable. +1 more

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Ratio / Principle

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Key takeaways

It would be open to the petitioners, if they propose to contest the maintainability of the miscellaneous petition, to file their objections; accordingly, there is no reason for interfering with the impugned order dated 17.10.2025.ratio¶40
The writ petition stands disposed of without prejudice to the petitioners' right to contest either the suit or the miscellaneous petition.ratio¶44

Detailed headnote1 paragraphs

Article 227 writ petition by defendants Nos.1 and 2 of O.S.No.469/2025 (Principal Civil Judge and JMFC, Hosadurga) against the civil Court's order dated 17.10.2025 on I.A.No.4 — an application by the plaintiff under Order XXXIX Rule 2A CPC seeking action against the petitioners — by which the civil Court directed its Registry to register the application as a separate petition (reported by counsel as Miscellaneous Petition No.12/2025, notice issued but petitioners not served). Held: no irregularity in registering the application as a separate petition; the petitioners remain free to show cause and file objections contesting the maintainability of the miscellaneous petition; no ground to interfere with the impugned order. Writ petition disposed of without prejudice to the petitioners' right to contest both the suit and the miscellaneous petition.

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NC: 2025:KHC:44112 WP No. 33044 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 33044 OF 2025 (GM-CPC)

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BETWEEN:

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S R BHEEMARAYASHETTY

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S/O SHANKARIRAMA SHETTY, AGED ABOUT 84 YEARS,

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S B THIMMARAJU S/O S R BHEEMARAYASHETTY, AGED ABOUT 44 YEARS,

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Digitally signed by VANAMALA N

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Location: HIGH COURT OF KARNATAKA

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BOTH ARE AGRICULTURISTS AND MERCHANTS, PROP: S R B BOOKS STALL, R/O MAIN ROAD, HOSADURGA TOWN-577527 CHITRADURGA DISTRICT.

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…PETITIONERS

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(BY SRI. JAGADEESH D C.,ADVOCATE)

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AND:

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G GANESHAMURTHY S/O GOVINDAPPA DAGADI, AGED ABOUT 49 YEARS, AGRICULTURIST,

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R/O CHOWDESHWARI STREET,

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NC: 2025:KHC:44112 WP No. 33044 of 2025

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HC-KAR

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KOTE EXTENSION, HOSADURGA TOWN-577527 CHITRADURGA DISTRICT.

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SMT. SARASWATHI W/O SIDDALINGAPPA, AGED ABOUT 55 YEARS, R/O DODDAENNEGERE AT POST, HANDANAKETE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT-572119

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CHANDRAPPA K

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S/O LATE KALLAPPA, AGED ABOUT 70 YEARS, AGRICULTURIST AND BUSINESS MAN, R/O NEAR RAMAMANDIRA, ASHOKA NAGARA, BIRUR-577116 CHIKKAMAGALORE DISTRICT.

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS TO THE CASE ON HAND IN OS NO. 469/2025 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT HOSADURGA AND PERUSE THE SAME; QUASHING THE IMPUGNED ORDER DTD 17.10.2025 PASSED ON IA NO. IV IN OS NO. 469/2025 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT HOSADURGA VIDE ANNX-F AS THE SAME IS ILLEGAL AND

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3 - NC: 2025:KHC:44112 WP No. 33044 of 2025

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HC-KAR

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UNSUSTAINABLE IN LAW AND CONSEQUENTLY DISMISS THE IV FILED UNDER ORDER 39 RULE 2(A) CPC VIDE ANX-E IN ACCORDANCE WITH LAW.

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

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioners are the first and the second defendants in O.S.No.469/2025 on the file of the Principal Civil Judge and JMFC, Hosadurga [for short, ' the civil Court ']. The petitioners' grievance is with the civil Court receiving the first respondent - the plaintiff's application [I.A.No.4] under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 for action against them. The civil Court by the impugned order dated 17.10.2025 has, upon receipt of the application, directed its Registry to register such application as a separate petition.

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4 - NC: 2025:KHC:44112 WP No. 33044 of 2025

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HC-KAR

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Mr. D. C. Jagadeesh, the learned counsel for

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the petitioners, proposes to argue on the very maintainability of the application, asserting that if the suit is not maintainable, the application for initiation of contempt proceedings would not be maintainable. When queried, the learned counsel submits that his instructions are that the civil Court's Registry has registered the application in Miscellaneous Petition No.12/2025 and notice is issued, but the petitioners are not served.

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This Court does not find any irregularity in the civil Court directing the application to be registered as a separate petition, and it is still open to the petitioners to show cause against the maintainability of the petition. This Court observes that it would be open to the petitioners, if they propose to contest the maintainability of the petition, to file their objections and as such, there is no reason for interfering with the impugned order dated 17.10.2025. Therefore, the

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NC: 2025:KHC:44112 WP No. 33044 of 2025

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HC-KAR

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petition stands disposed of without prejudice to the petitioners' right to contest either the suit or the miscellaneous petition.

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Sd/(B M SHYAM PRASAD) JUDGE

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