IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH OF NOVEMBER 2019 Before The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No.1631 of 2019 (par) Between:
SMT. JAYALAKSHMAMMA C WIFE OF THIMMARAJU, AGED ABOUT 37 YEARS, RESIDING AT SARJAPURA VILLAGE, SARJAPURA HOBLI, BENGALURU URBAN DISTRICT (BY SRI C.VIJAYA KUMAR, ADVOCATE) And:
... APPELLANT 1. SMT. KAMALAMMA WIFE OF CHIKKAMUNISWAMY, AGED ABOUT 67 YEARS, RESIDING AT B.R.AMBEDKAR COLONY, SARJAPURA VILLAGE & HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT 2. SRI VEERESH SON OF AMARAPPA, AGED ABOUT 45 YEARS, DIRECTOR OF ITTINA PROPERTIES PVT. LTD., NO.1054, 7TH MAIN, 3RD BLOCK, KORAMANGALA, BENGALURU – 560 034 ... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.09.2019 PASSED IN R.A.No.5044/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT SIT AT ANEKAL, DISMISSING THE APPEAL FILED AGAINST THE ORDER DATED 11.06.2019 PASSED IN I.A.No.4 IN O.S.No.1059/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AT ANEKAL REJECTING THE I.A.No.4 FILED UNDER ORDER VII RULE 11 OF CPC., FOR REJECTION OF PLAINT.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The learned counsel for the appellant has filed a memo seeking leave of this Court to convert this regular second appeal into a regular first appeal. The learned counsel submits that by inadvertence the appellant impugned the trial Court’s order dated 11.06.2019 in R.A.No.5044/2019 on the file of the III Additional District and Sessions Judge, Bengaluru Rural District, (sit at Anekal) though the trial Court’s order had to be impugned in the first appeal before this Court.
2. On perusal of the records, this Court is of the considered view that it would be appropriate to permit the appellant to withdraw this appeal with liberty to file fresh appeal subject to all exceptions in law.
Ordered accordingly.
The office is directed to return the certified copies to the appellant.
Sd/- Judge KPS