Karnataka High Court
Smt. Lalitha Poojarthi vs Smt. Susheela on 10 June, 2024
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NC: 2024:KHC:20207
WP No. 12779 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 12779 OF 2024 (GM-CPC)
BETWEEN:
SMT. LALITHA POOJARTHI,
W/O GOPALA POOJARY,
AGED ABOUT 81 YEARS,
R/AT THIRMALOTTU HOUSE,
NITTE VILLAGE, KARKALA TALUK,
UDUPI - 574 110.
...PETITIONER
(BY SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
1. SMT. SUSHEELA,
W/O BABU POOJARY,
AGED ABOUT 80 YEARS
Digitally
signed by V R/AT PEJATTABETTU HOUSE,
MANJUSHA NALLUR POST, KARKALA TALUK,
BAI
UDUPI - 574 122.
Location:
High Court
of Karnataka
2. RAMANI,
W/O SADANANDA POOJARY,
AGED ABOUT 76 YEARS,
R/AT DARKAS HOUSE (KANASU),
BAJAGOLI POST, KARKALA TALUIK,
UDUPI - 574 122.
3. NAVEENA,
S/O SADANANDA POOJARY,
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NC: 2024:KHC:20207
WP No. 12779 of 2024
AGED ABOUT 54 YEARS,
R/AT DARKAS HOUSE (KANASU),
BAJAGOLI POST, KARKALA TALUK,
UDUPI - 574 122.
4. SAVITHA,
D/O SADANANADA POOJARY,
AGED ABOUT 42 YEARS,
R/AT DARKAS HOUSE (KANASU),
BAJAGOLI POST, KARKALA TALUK,
UDUPI - 574 122.
5. KUTTI POOJARY @ RAGHUNATH POOJARY,
S/O MENNU POOJARTHI,
AGED ABOUT 72 YEARS
R/AT DARKAS HOUSE (KANASU),
BAJAGOLI POST, KARKALA TALUK,
UDUPI - 574 122.
6. DAYANANDA POOJARY,
S/O MENNU POOJARTHI,
R/AT VANDANA SMRUTHI, B-10,
NEAR GIRIJA MATA, OLD DOMBIVILI WEST,
MUMBAI - 421 201.
7. SHANTHA,
D/O MENNU POOJARTHI,
AGED ABOUT 64 YEARS,
R/AT PRARTHANA BUILDING,
ROOM NO.504, NEAR OLD FURNITURE MARKET,
DON BOSCO SCHOOL, BORIVALI WEST,
MUMBAI - 400 092.
8. AMBA,
D/O THIMMAPPA SUVARNA,
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NC: 2024:KHC:20207
WP No. 12779 of 2024
AGED ABOUT 62 YEARS,
R/AT THIRUMALOTTU HOUSE,
NITTE VILLAGE, KARKALA TALUK,
UDUPI - 574 110.
9. VASANTHA,
S/O THIMMAPPA SUVARNA,
AGED ABOUT 60 YEARS,
R/AT THIRUMALOTTU HOUSE,
NITTE VILLAGE, KARKALA TALUK,
UDUPI - 574 110.
10. NITHIN SUVARNA,
S/O SADANANDA POOJARY,
AGED ABOUT 41 YEARS,
R/AT DARKAS HOUSE (KANASU),
BAJAGOLI POST, KARKALA TALUK,
UDUPI - 574 122.
11. SRI. ARJUN KUMAR,
S/O ARUN KUMAR,
AGED ABOUT 40 YEARS,
R/AT YEMMEKERE VARNA,
23-10-813/3, BOLAR VILLAGE,
MANGALORE TALUK,
DAKSHINA KANNADA - 575 001.
12. SMT. DIVYA ARJUN KUMAR,
W/O ARJUN KUMAR,
AGED ABOUT 35 YEARS
R/AT YEMMEKERE VARNA,
23-10-813/3, BOLAR VILLAGE,
MANGALORE TALUK,
DAKSHINA KANNADA - 575 001.
...RESPONDENTS
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NC: 2024:KHC:20207
WP No. 12779 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT,
ODF CERTIORARI QUASHING THE ORDER BY THE LEARNED
SENIOR CIVIL JUDGE AND A.C.J.M. KARKALA DATED
23/11/2023 ON IA NO. 5 FILED UNDER ORDER XXXIX RULE 1
AND 2 AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE
IN OS NO. 148/2022 VIDE ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY
THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THE
COURT MADE THE FOLLOWING:
ORDER
1. The learned counsel for the petitioner submits that he has an alternative efficacious remedy in filing a Miscellaneous First Appeal against the impugned order and prays that the writ petition may be dismissed, reserving the liberty to approach the appropriate forum in the manner known to law.
2. Recording the submission of learned counsel for the petitioner, the Writ Petition is hereby dismissed, -5- NC: 2024:KHC:20207 WP No. 12779 of 2024 reserving the liberty to the petitioner to approach the appropriate forum in the manner known to law.
3. Registry is directed to return back the documents filed by the petitioner after obtaining a photocopy of the same.
Sd/-
JUDGE CH List No.: 1 Sl No.: 11 CT: BHK