Tierra Farm Assets Company Private Limited Vs Dr. Kankere Thimmappa Gowda Mahesh (Karnataka High Court)
The Karnataka High Court considered two writ petitions seeking issuance of writs of certiorari to quash orders passed by the VI Additional City Civil and Sessions Judge, Bengaluru, in civil suits and related execution proceedings. The petitioners contended that the proceedings, including orders dated 07.04.2022 and 05.09.2023 passed on applications under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC), were barred after the imposition of a moratorium and sought to set aside the trial court orders and execution proceedings.
The High Court held that writ petitions challenging orders passed by the Trial Court through issuance of a writ of certiorari were not maintainable. It observed that the petitioners had appropriate remedies available under the CPC if they were aggrieved by the Trial Court’s orders. Reserving liberty to the petitioners to avail such remedies, the Court disposed of the writ petitions.
The Court also recorded the submission of the respondent’s counsel withdrawing all personal allegations made in the statement of objections against the petitioners’ counsel, and treated those allegations as withdrawn.
Further, the High Court granted the petitioners the benefit of Section 14 of the Limitation Act. In view of the disposal of the main writ petitions, all pending interlocutory applications were also disposed of.
