Karnataka High Court
Raghavendra vs T D Srinivas on 3 December, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:50696
WP No. 4559 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 4559 OF 2020 (GM-CPC)
BETWEEN:
1. RAGHAVENDRA
S/O T.D. YOGISH
AGED ABOUT 36 YEARS.
2. RAVIKARAN
S/O T.D. YOGISH
AGED ABOUT 32 YEARS.
BOTH ARE RESIDING AT
KAVADAGI STREET
TARIKERI TOWN, TQ TARIKERE
DIST CHIKMAGALUR
PINCODE - 577 228.
...PETITIONERS
(BY SRI DESAI SHARANABASAPPA VIRANNA, ADV.)
AND:
Digitally signed T.D. SRINIVAS
by NANDINI M S/O LATE T.V. DASAPPA
S SINCE DECEASED BY LRS.
Location: HIGH
COURT OF 1. T.D. JAYARAM
KARNATAKA
S/O LATE DASAPPA
AGED ABOUT 70 YEARS
RESIDING AT NO 10
15TH CROSS, 20TH MAIN
J.P. NAGAR, BENGALURU - 560 078.
SMT. SHARADAMMA
W/O S.R. CHANDRASHEKAR
DIED ON 05-05-2012
DEATH CERTIFICATE PRODUCED
HEREIN, NOTE IN LOWER COURT
NO LRS ON RECORD & NOT
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NC: 2025:KHC:50696
WP No. 4559 of 2020
HC-KAR
DELETED IN CAUSE TITLE
HENCE NOTICE NOT REQUIRED
AND IT MAY BE DISPENSED.
2. SMT. KAVERI
W/O LINGADEVARU
AGED ABOUT 66 YEARS
RESIDING AT NO.72
14TH MAIN, 2ND PHASE
WEST OF CHORD ROAD
BENGALURU - 560 080.
...RESPONDENTS
(BY SRI H.T. NATARAJ, ADV., FOR R-1;
R-2 SERVED & UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 09.12.2019 (ANNX-J) PASSED BY THE SENIOR CIVIL JUDGE
AND PRL. JMFC, TARIKERE ON I.A.NO.15 FILED IN RA NO.71/2018.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Defendant Nos.1 and 2 have filed this writ petition under Article 227 of the Constitution of India with a prayer to set- aside the order dated 09.12.2019 passed by the Court of Senior Civil and Principal JMFC, Tarikere, in RA No.71/2018 allowing IA No.15 which was filed in OS No.206/2007.
2. Heard the learned counsel for the parties.
3. Suit in OS No.206/2007 was filed before the jurisdictional Civil Court at Tarikere by respondents herein and in the said -3- NC: 2025:KHC:50696 WP No. 4559 of 2020 HC-KAR suit, IA No.15 was filed by them under Order VI Rule 17 of CPC with a prayer to amend the plaint. The said application was dismissed by the Trial Court by order dated 10.07.2017. The same was assailed by the plaintiffs before this Court in WP No.35986/2017. The said writ petition was disposed off reserving liberty to the petitioners therein to challenge the order dated 10.07.2017 passed on IA No.15 as provided under Section 105 of CPC before the Appellate Court in the event of he filing an appeal against the decree to be passed in the suit. After disposal of WP No.35986/2017, the Trial Court had dismissed OS No.206/2007 and thereafter, RA No.71/2018 was filed by the plaintiff challenging the judgment and decree passed in OS No.206/2007. In the said appeal, the First Appellate Court has passed the order impugned allowing IA No.15 which was filed in OS No.206/2007. Being aggrieved by the same, defendants are before this Court.
4. Section 105 of CPC reads as follows:-
"105. Other orders.-(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction; but where a decree is -4- NC: 2025:KHC:50696 WP No. 4559 of 2020 HC-KAR appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-
section (1), where any party aggrieved by an order of remand from which an appeal lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness."
5. The aforesaid provision of law provides that in an appeal which is filed challenging any decree, orders passed on any interlocutory application, during the pendecny of the suit, which affect the decision of the case, may be set forth as a ground of objection in the memorandum of appeal. Considering this provision of law, this Court while disposing off WP No.35986/2017 had reserved liberty to the petitioners/plaintiff No.1 to raise the grounds as provided under Section 105 of CPC in the proposed appeal in the event, a decree is passed against him. The Appellate Court has failed to appreciate this aspect of the matter and has erred in passing the order impugned by allowing IA No.15 which was filed in OS No.206/2007. IA No.15 was dismissed by the Trial Court by order dated 10.07.2017 -5- NC: 2025:KHC:50696 WP No. 4559 of 2020 HC-KAR and the said order was unsuccessfully challenged by plaintiff No.1 in WP No.35986/2017. The First Appellate Court has misunderstood and misread Section 105 of CPC and has erred in passing the order impugned.
6. At this juncture, learned counsel for respondent No.1 submits that liberty may be reserved to the respondents to file a fresh application under Order VI Rule 17 of CPC before the First Appellate Court.
7. The said submission of learned counsel for respondent No.1 is placed on record.
8. The writ petition is allowed. The impugned order dated 09.12.2019 passed by the Court of Senior Civil and Principal JMFC, Tarikere, in RA No.71/2018 allowing IA No.15 which was filed in OS No.206/2007, is set-aside, with liberty as prayed for.
Sd/-
(S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 29