Karnataka High Court
WP/20989/2026 of GOVINDA RAO SINCE DEAD BY HIS LRS RAJA RAO Vs FATHIMA BI SINCE DEAD BY HER LRS SHAKEELA on 18 August 2026
CNR: KAHC010466172026 NC: 2026:KHC:44602 WP No. 20989 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20989 OF 2026 (GM-CPC) BETWEEN: 1. GOVINDA RAO SINCE DEAD BY HIS LRS RAJA RAO
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 20989 OF 2026 (GM-CPC)
BETWEEN:
1.
GOVINDA RAO
SINCE DEAD BY HIS LRS
RAJA RAO
S/O LATE GOVINDA RAO
AGED ABOUT 48 YEARS
2.
RAVI RAO
S/O LATE GOVINDA RAO
AGED ABOUT 46 YEARS
BOTH ARE RESIDING AT
BEHIND NEELAKANTESHWARA TEMPLE,
HORPET CIRCLE,
TUMAKURU-572 101
…PETITIONERS
(BY SRI. SOMASHEKARA K.M., ADVOCATE)
AND:
1.
FATHIMA BI
SINCE DEAD BY HER LRS
SHAKEELA
D/O FATHIMA
MAJOR
DILSHAD,
SINCE DEAD BY LRS
2.
SALLEM @TOPIWALA
S/O SYED PEER SAB MAJOR
Digitally
signed by
SUVARNA T
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
BOTH ARE R/O OLD BARLINE,
OPP. KADAPA SLAB,
OPP. TO SELLER HOUSE
OLD ELECTRICITY OFFICE
QUARTERS ROAD
TUMAKURU-572 101
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE
IMPUGNED ORDER DATED 12.07.2023 PASSED IN MIS. 7 OF
2016 BY THE II ADDL. CIVIL JUDGE AND JMFC, TUMKUR, UNDER ORDER 22 RULE 9 OF CPC, VIDE ANNEXURE-E AND
CONSEQUENTIALLY, ALLOW THE APPLICATION FILED UNDER
ORDER 22 RULE 9 OF CPC IN MIS. 7 OF 2016 VIDE ANNEXURE- A, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
The Office has raised objection regarding the maintainability of the writ petition.
2. A memo is filed seeking permission to convert this writ petition into a Miscellaneous First Appeal. The memo is taken on record.
3. Accordingly, the writ petition is disposed of for statistical purposes and the petitioners are permitted to convert
HC-KAR
this writ petition into a Miscellaneous First Appeal within one week from the date of receipt of copy of this order.
i. Registry is directed to return all the documents to the petitioner, retaining the office copy.
ii. All I.As. in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI ) JUDGE
MEG List No.: 1 Sl No.: 29