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.2199 OF 2019 (CPC) BETWEEN:
Canara Bank, Mandipet, Davanagere Branch, Represented by Senior Manager ... Appellant (By Sri.T.P.Muthanna, Advocate) AND:
1. Smt.Sudha W/o Rangachari, Aged about 47 years, R/o 4th Cross, Pawagada Road, Challakere Town.
2. Smt.Manjamma W/o R.Prakashchari, Aged about 45 years, R/o Lakshmi Ranganatha Jewellery Works, Bellary-Bangalore Road, B.G.Kere, Molakalmuru Taluk 3. Smt.Jayamma W/o Laxmanachari, Aged about 67 years, 4. Anandachari S/o Lakshmanachari, Aged about 50 years, Prop. Manimala Jewellery Works.
Respondent Nos.3 to 4 Are R/o Hirehalli Village, Challakere Taluk, Chitradurga District. ... Respondents This MFA is filed under Order 43 Rule 1 of CPC praying to call for records in O.S.No.50/2017 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