Smt. Prathima Patil v. Munishamappa
Case brief
What is this about?
Karnataka High Court, Bengaluru (H.T. Narendra Prasad, J.), 02-03-2026, WP No. 34744 of 2025 (GM-CPC) (NC: 2026:KHC:12812). Writ petition under Article 227 of the Constitution of India seeking certiorari to quash order dated 15.11.24 of the VI Additional City Civil and Sessions Judge, Bengaluru, dismissing I.A. Nos. 3 to 5 filed under Order XXII Rules 4 and 9 CPC and Section 5 of the Limitation Act in O.S. No. 5198/2014. Held: writ petition not maintainable; remedy is appeal under Order XLIII Rule 1(k) CPC; dismissed with liberty to approach the appropriate forum. Keywords: abatement, setting aside abatement, alternative remedy, maintainability, Article 227, Order XXII Rule 4, Order XXII Rule 9, Order XLIII Rule 1(k) CPC, Section 5 Limitation Act.
What did the court decide?
A writ petition under Article 227 of the Constitution of India is not maintainable against dismissal of an application for setting aside abatement, the remedy being an appeal under Order XLIII Rule 1(k) of the Civil Procedure Code; accordingly, the writ petition is dismissed reserving liberty to the petitioner to approach the appropriate legal forum.