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2024 Supreme(Online)(KAR) 9270
HIGH COURT OF KARNATAKA
MR JUSTICE R. NATARAJ, J
SRI. K. KUBERA – Appellant
Versus
SRI. BUNDAPPA @ BUNDEGOWDA – Respondent
WP 3915/2022
SRI. THEJESH N., SRI. GANAPATHI SUBBARAYA BHAT
Writ petitions challenging orders under CPC provisions are not maintainable; a civil revision petition is the proper remedy.
Headnote:(A) Civil Procedure Code, 1908 - Order VII Rule 11(a) and (d), Order IX Rule 9, Order XXII Rule 9, Section 151 - Writ petition against order rejecting application under CPC - Court held that writ petition is not maintainable as it would close proceedings in the Trial Court; only a civil revision petition under Section 115 is maintainable. (Paras 2-3)
(B) Conversion of Writ to Civil Revision - Court granted permission to convert the writ petition to a Civil Revision Petition, directing amendments to align with the prescribed format. (Para 3)
Facts of the case:
The petitioner filed a writ petition challenging the rejection of their application under CPC, which the Court found not maintainable.
Findings of Court:
The Court allowed conversion of the writ petition to a Civil Revision Petition.
Issues: The main issue was the maintainability of the writ petition against an order passed under CPC provisions.
Ratio Decidendi: The Court reasoned that allowing such a writ would effectively close the ongoing proceedings in the Trial Court, necessitating a civil revision petition instead.
Result: Writ petition converted to Civil Revision Petition.
AT ANNEXURE-E DATED 23.12.2021 PASSED IN O.S.NO.6/2021 BY SENIOR CIVIL JUDGE AND JMFC AT PANDAVAPURA REJECTING THE APPLICATION, IA NO.2 FILED BY PETITIONER UNDER ORDER 7 RULE 11 (a) AND (d) CPC READ WITH UNDER ORDER IX RULE 9 AND UNDER ORDER 22 RULE 9 OF CPC BY ISSUE OF A WRIT CERTIORARI OR ANY OTHER APPROPRIATE WRIT OF DIRECTION AS THE CASE MAYBE AND CONSEQEUNTLY ALLOW THE APPLICATION IA NO.2 FILED BY THE PETITIONER. Digitally signed by BS RAVIKUMAR Location:
- HIGH COURT OF KARNATAKA THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
- ORDER This writ petition is filed against an order dated 23.12.2021 passed by the Senior Civil Judge and JMFC, Pandavapura on an application filed under Order VII Rule 11(a) and (d) read with Order IX Rule 9, Order XXII Rule 9 read with Section 151 of CPC.
2. When this Court pointed out to the learned counsel for the petitioner that the writ petition against an order passed on an application filed under Order VII Rule 11(a) and (d) of CPC is not maintainable, since any order allowing this petition would result in closing of the proceedings before the Trial Court and therefore, only a civil revision petition under Section 115 of CPC is maintainable, the learned counsel for the petitioner sought permission of the Court to convert this writ petition to a Civil Revision Petition.
3. Hence, permission is granted to convert this writ petition into a Civil Revision Petition. The learned counsel for the petitioner is directed to make appropriate amendments in the writ petition to bring it in line with the format of a Civil Revision Petition as prescribed.
4. For statistical purposes, this petition stands closed.
5. The petitioner is directed to amend the petition within a period of two weeks from today, failing which, the petition shall stand dismissed.
