IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.7376 OF 2018 (ISA) Between:
1. Gowramma.K.M, W/o: Late N.Rajaiah, Aged about 40 years, R/at: B.D.O.Quarters, Subramanya Nagar, Turuvakere Town, Tumkur District and Taluk-572 227.
2. R.Yeshwanth, S/o: Late N.Rajaiah, Aged about 19 years, R/at B.D.O Quarters, Subramanya Nagar, Turuvakere Town, Tumkur District and Taluk-572 227. ... Appellants (By Sri.Nataraj.G, Advocate) And:
1. C.A.Nagarathnamma, W/o Late N.Rajaiah, Aged about 50 years, R/o 5th Dvn, C.N.Hally Town, Tumkur District-572 214.
2. Roopesh Babu.R, S/o N.Rajaiah, Aged about 21 years, R/o 5th Dvn, C.N.Hally Town, Tumkur District-572 214. … Respondents * * * * * This Miscellaneous First Appeal is filed under Section 384 of the Indian Succession Act praying to call for the entire records of P&SC No:1/2016, on the file of Civil Judge (Sr. Dn) & J.M.F.C., C.N.Hally; set-aside the order dated 3rd June 2017 passed in P&SC No.1/2016 on the file of Senior Civil Judge & JMFC, at Chikkanayakanahally to meet the ends of justice and etc.
This Miscellaneous First Appeal coming on for Orders this day, the court delivered the following:
JUDGMENT Learned counsel for the appellants has filed a memo seeking withdrawal of the MFA on the reason that in view of the amended provision with respect to Section 23-A of Karnataka Civil Rules of Practice the present appeal was filed against the order dated 03.06.2017 in P&SC No.1/2016 passed by the Senior Civil Judge, JMFC, but the appeal has to be preferred before the District Court.
2. Considering the submission of the counsel, the memo is taken on record.
3. Miscellaneous First Appeal is dismissed as withdrawn, liberty is reserved to the appellants to approach the appropriate forum.
Sd/-
JUDGE DS