IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. NO.2200 OF 2019 (CPC) BETWEEN:
Canara Bank, Mandipet, Davangere Branch, Represented by Senior Manager ... Appellant (By Sri T.P.Muthanna, Advocate) AND:
1. Smt. Shardhamma, W/o Anandachari, D/o Krishnachari, Aged about 50 years, R/o Hirehalli Village, Challakere Taluk, Chitradurga Dist.
2. Smt. Lakshmamma W/o late Late Krishnachari, Aged about 78 years, 3. K.Rangachari S/o Late Krishnachari, Aged about 56 years, 4. K.Venkateshachari S/o late Krishnachari, Aged about 53 years, 5. K.Ratnachari S/o Late Krishnachari, Aged about 51 years, 6. K.Ramakrishnachari S/o late Krishnachari, Aged about 49 years, 7. Smt.L.Sudha W/o K.Rangachari, Aged about 47 years, 8. Smt.K.Nagaveni W/o K.Venkateshachari, Aged about 46 years, 9. Smt. Sunitha W/o K.Ratnachari, Aged about 42 years 10. Smt. A.V.Nalinakshi W/o K.Ramakrishnachari, Aged about 36 years All the respondents 2 to 10 are R/o 4th Cross, Pawagada Road, Behind Vysya Bank, Challakere, Chitradurga District. ...Respondents This MFA is filed under Order 43 Rule 1 of CPC praying to call for records in O.S.No.51/2017 on the file of the Senior Civil Judge, Challakere and set aside the order dated 28.11.2018 in preliminary issue No.7 (Annexure-D) and allow the appeal with costs and pass such other suitable order as this Hon’ble Court may deem fit in the interest of justice and equity.
This MFA coming on for orders this day, the court delivered the following:
JUDGMENT Learned counsel for the appellant filed a memo stating that Miscellaneous First Appeal was filed inadvertently instead of filing writ Petition (CPC).
2. Considering the submission of the learned counsel, memo is placed on record.
3. The Appellant is permitted to convert the Miscellaneous First Appeal into writ petition (CPC), if permissible under law.
Accordingly, the appeal is disposed of.
Sd/- JUDGE rv