IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR MFA NO. 7061 OF 2018 (ISA) BETWEEN Smt. Eshwaramma, W/o Late D. Kanumappa, Aged about 59 years, R/o Alankar Talkies, Pavagada Town, Pavagada Taluk. … Appellant (By Sri. H. Ramachandra for Sri. H.R. Ananthakrishna Murthy, Advocate) AND:
1. Smt. Channamma, W/o Late D. Kanumappa, Aged about 61 years, 2. Smt. Nagamani, D/o Late D. Kanumappa, Aged about 40 years, Both R/o A.D.Colony, Pavagada Town, Pavagada Taluk. … Respondents This MFA is filed against order dated 24.03.2018 passed by the Senior Civil Judge & JMFC at Pavagada in P&SC No.2/2006 setting aside the judgment and decree dated 30.11.2007 in O.S.No. 152/2004 on the file of the Civil Judge (Junior Division) & JMFC, Pavagada by dismissing the suit.
This MFA coming on for orders, this day, the Court delivered the following:
JUDGMENT Learned counsel the appellant has filed a memo stating that against the impugned order passed by the Senior Civil Judge and JMFC, Pavagada, appeal is maintainable before the District Judge, Tumkur. Hence, it is submitted that the appeal may be disposed of giving liberty to the appellant to challenge the impugned order passed in P & SC No.2/2006, R.A.No.17/2018 on the file of the Senior Civil Judge and JMFC, Pavagada.
The memo is placed on record. Appeal is disposed of as withdrawn, with a liberty to the appellant to challenge the impugned order before appropriate forum. Accordingly, appeal is disposed of for statistical purpose.
Sd/- JUDGE DKB