Disposed¶33

Smt Sushila Bai @ Susheela a Varma v. mr sabu t varghese

Karnataka HC21 Jan 2026WP/21252/2021

Case brief

AI extract

What is this about?

Article 227 petition against an order on an interim-injunction application (Order XXXIX Rules 1 & 2 CPC) in O.S. No. 974/2021; Court noted such orders are appealable under Order XLIII Rule 1(r) CPC read with Section 104 CPC; suit dismissed for non-prosecution; petition disposed of with liberty to pursue appropriate remedies if the suit is revived. Keywords: maintainability; alternative/remedies; appealable interlocutory orders; infructuous petition; Karnataka High Court at Bengaluru; WP No. 21252 of 2021; decided 21 January 2026; Tara Vitasta Ganju, J.

What did the court decide?

Petition disposed of; liberty reserved to the petitioner, if the suit is revived, to take appropriate remedies against the Impugned Order in accordance with law. ¶33

Smt Sushila Bai @ Susheela a Varma Vs mr sabu t… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:3417 WP No. 21252 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 21252 OF 2021 (GM-CPC)

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BETWEEN:

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SMT. SUSHILA BAI @ SUSHEELA.A.VARMA W/O LATE SRI.AMBARISHA VARMA, AGED ABOUT 91 YEARS, RESIDING AT 406-A, SHAMBALA 2ND CROSS, 8TH MAIN, 3RD BLOCK, KORAMANGALA, BENGALURU-560034.

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…PETITIONER

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(BY SRI. ARJUN RAO., ADVOCATE)

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AND:

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MR SABU.T.VARGHESE SON OF LATE MR.T.V.VARGHESE, AGED ABOUT 51 YEARS, AT NO.413, 4TH A CROSS, HRBR 2ND BLOCK, KALYAN NAGAR, BENGALURU-560043.

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…RESPONDENT

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(BY SRI. M NASRULLAH KHAN.,ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 29.10.2021 PASSED BY THE LEARNED II ADDITIONAL CIVIL JUDGE,BENGALURU RURAL DISTRICT,AT BENGALURU IN O.S.NO.974/2021(ANNEXURE-A). ALLOW IA NO.3 OF 2021 FILED BY THE PETITIONER IN O.S.NO.974/201(ANNEXURE-B).

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NC: 2026:KHC:3417 WP No. 21252 of 2021

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HC-KAR

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL ORDER

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The present petition seeks to challenge an order dated 29.10.2021 passed by II Addl. Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter ‘Impugned Order’). By the Impugned Order, challenge to an order passed on an application under Order XXXIX Rule 1 & 2 of CPC, 1908 was made.

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At the outset, attention of learned counsel for the petitioner is drawn to Order XLIII Rule 1(r) of CPC, 1908 which provides that all orders under Order XXXIX are appealable in the following manner:

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“1. Appeal from orders.—An appeal shall lie from the following orders under the provisions of section 104, namely: —

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(a) ….

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(r) an order under rule 1, rule 2 1 [rule 2A], rule 4 or rule 10 of Order XXXIX”.

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Learned counsel for the petitioner fairly concedes that the

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provision would be applicable in these circumstances. However

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NC: 2026:KHC:3417 WP No. 21252 of 2021

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HC-KAR

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she submits that the suit filed by the petitioner-plaintiff has been dismissed for non-prosecution. Thus this petition also becomes infructuous.

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In view of what is stated above, the petition is disposed of. Needless to add, in the event the suit is revived, the petitioner will be at liberty to take appropriate remedies against

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the Impugned Order, albeit in accordance with law.

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Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA (TARA VITASTA GANJU) JUDGE

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SNB

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List No.: 2 Sl No.: 3

Smt Sushila Bai @ Susheela a Varma v. mr sabu t varghese

Case brief

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Smt Sushila Bai @ Susheela a Varma v. mr sabu t varghese

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