Karnataka High Court

WP/30599/2026 of DR. MAHENDRA JAIN Vs SMT. MALA JAIN KANTHARAJAIAH@ MALA VINSEL on 5 October 2026

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CNR: KAHC010670152026 NC: 2026:KHC:55287 WP No. 30599 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30599 OF 2026 (GM-CPC) BETWEEN: 1. DR. MAHENDRA JAIN AGED ABOUT 61 YEARS, S/O LATE

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 30599 OF 2026 (GM-CPC)

BETWEEN:

1.

DR. MAHENDRA JAIN

AGED ABOUT 61 YEARS,

S/O LATE SRI P. KANTHARAJAIAH

R/A NO.206/15, 2ND FLOOR,

10TH D MAIN, NOW KNOWN AS,

4 TH MAIN, JAYANAGAR FIRST BLOCK,

BENGALURU 560011.

2.

SMT. MALINI JAIN

AGED ABOUT 50 YEARS,

W/O DR. MAHENDRA JAIN,

R/A 0.206/15 2ND FLOOR, 10TH D

MAIN, NOW KNOWN AS, 4 TH MAIN,

JAYANAGAR FIRST BLOCK,

…PETITIONERS

(BY SRI. T.V. SUBRAMANYA PRASAD, ADVOCATE)

AND:

1.

SMT. MALA JAIN KANTHARAJAIAH

@ MALA VINSEL

Digitally

signed by

VINUTHA B S

Location:

High Court of

Karnataka

HC-KAR

AGED ABOUT 64 YEARS

D/O LATE SRI P. KANTHARAJAIAH

W/O JAMES DAVID DOUGLAS VINSEL

R / EPSILON 5442,

NW SKY CREST PARKWAY

PORTLAND OR 97229

UNITED STATE OF AMERICA

PRESENTLY RESIDING AND OWNING

THE GROUND FLOOR,

MUNICIPAL NO.206/15,

PID NO.62-54-15, 10TH D MAIN,

NOW KNOWN AS, 4TH MAIN,

JAYANAGAR FIRST BLOCK,

BENGALURU 560011.

…RESPONDENT

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT

OF CERTIORARI QUASHING THE ORDER DATED 21.07.2026

PASSED BY THE IX ADDL. CITY CIVIL AND SESSONS JUDGE, AT BANGALORE IN O.S NO.4553 OF 2026 (ANNEXURE-A)

ALLOWING THE APPLICATION UNDER ORDER XXXIX RULE 1

AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908 NUMBERED

AS IA NO. 4 AND ETC,.

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

HC-KAR

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

Office has raised objection regarding maintainability of the petition in view of Order 43 Rule 1(r) of CPC.

In view of office note, writ petition is dismissed as not maintainable with liberty to the petitioners to file appeal as available in accordance with law.

If request is made to return the certified copies, the Registry shall consider the same.

SD/- (K. V. ARAVIND) JUDGE

DDU List No.: 1 Sl No.: 41

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