Dismissed¶¶33

Shanthi Florine Aldrin Lopez v. Mrs. Rose Deleema

Karnataka HC10 Apr 2026WP/11568/2026

Case brief

AI extract

What is this about?

Shanthi Florine Aldrin Lopez v. Mrs. Rose Deleema & Anr., WP No. 11568 of 2026 (GM-CPC), High Court of Karnataka at Bengaluru, decided 10.04.2026 by H.T. Narendra Prasad J. Keywords: alternative remedy; refusal of Article 227 jurisdiction; appeal under Order XLIII Rule 1(r) CPC against order on I.A. under Order XXXIX Rule 2-A CPC; O.S.No.3172/2025; Civil Judge and JMFC Krishnarajapura; Annexure-A order dated 25.03.2026; K. Valarmathi v. Kumaresan (2025 SCC Online SC 985); Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675; writ petition dismissed with liberty to approach appropriate forum.

What did the court decide?

An order passed under Order XXXIX Rule 2-A of the CPC is subject to a remedy by way of appeal under Order XLIII Rule 1(r) of the CPC. ¶¶24

Shanthi Florine Aldrin Lopez Vs Mrs. Rose Deleema — Writ and Judicial Review | Karnataka HC (2026)

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1 - NC: 2026:KHC:20073 WP No. 11568 of 2026

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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 10^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11568 OF 2026 (GM-CPC)

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BETWEEN:

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SHANTHI FLORINE ALDRIN LOPEZ AGED ABOUT 55 YEARS C/O. ALDRIN LOPEZ BAIRAPPA LAYOUT NEAR FGAG CHURCH KANNUR, BENGALURU KARNATAKA-562 149.

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…PETITIONER

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(BY SRI. ARNAV A BAGALWADI., ADVOCATE)

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AND:

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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MRS. ROSE DELEEMA W/O. SUNIL JOBY R/AT NITHYA PRABHA NADUVILAKKARA, ALUMMOODU, PO THRIKKOVILAM, KOLLAM DISTRICT KERALA-691 577.

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MR. ALDRIN JOSEPH LOPEZ S/O. MR. JOSEPH LOPEZ R/AT NIXALD HOUSE ST. ANDREWS P.O KAZHAKKOOTTAM, MENAMKULAM THIRUVANANTHAPURAM KERALA-695 586.

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…RESPONDENTS

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(BY SRI. GEORGE PHILIP, ADVOCATE FOR C/R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER OR DIRECTION TO SET

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2 - NC: 2026:KHC:20073 WP No. 11568 of 2026

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HC-KAR

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ASIDE THE ORDER DATED:25-03-2026 ON IA NO. II/2025 IN O.S NO.3172/2025 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, KR PURAM, BENGALURU RURAL, A COPY OF WHICH IS HEREIN PRODUCED AS ANNEXURE A AS ILLEGAL AND VOID AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, the petitioner–defendant No.1 has called in question the order dated 25.03.2026 passed on I.A.No.II/2025, filed under Order XXXIX Rule 2-A of the CPC, by the Civil Judge and JMFC, Krishnarajapura, Bengaluru Rural (hereinafter referred to as the ‘Trial Court’ for short) in O.S.No.3172/2025.

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Order XLIII Rule 1(r) of the CPC provides a remedy by way of an appeal to parties aggrieved by an order passed under Order XXXIX Rule 2-A of the CPC.

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Learned counsel for the petitioner has relied upon the judgments of the Apex Court in K. Valarmathi and Others vs. Kumaresan (2025 SCC Online SC 985) and Surya Dev

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Rai vs. Ram Chander Rai and Others [(2003) 6 SCC 675] ,

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3 - NC: 2026:KHC:20073 WP No. 11568 of 2026

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HC-KAR

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wherein it is held that the power of the High Court under Article 227 of Constitution of India is supervisory in nature and is exercised to ensure that Courts and Tribunals act within the limits of their jurisdiction conferred by law, and that such power is to be exercised sparingly, particularly in

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cases where errors are apparent on the face of the record.

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In the case on hand, the petitioner has an alternative

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remedy of appeal provided under the Civil Procedure Code. When an efficacious alternative remedy is available, this Court refuses to exercise its jurisdiction under Article 227 of the Constitution of India.

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Accordingly, this writ petition is dismissed , reserving liberty to the petitioner to approach the appropriate legal forum.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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LIST NO.: 1 SL NO.: 33

Shanthi Florine Aldrin Lopez v. Mrs. Rose Deleema

Case brief

What is this about?

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Shanthi Florine Aldrin Lopez v. Mrs. Rose Deleema

Case brief

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