IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08th DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL No.1022 OF 2019 BETWEEN:
1. SMT. JAYAMMA W/O LATE VEERABHADRAIAH, AGED ABOUT 86 YEARS, 2. SRI RAMACHANDRA S/O LATE R.B.VEERABHADRAIAH, AGED ABOUT 62 YEARS, 3. SRI LOKESH S/O LATE R.B.VEERABHADRAIAH, AGED ABOUT 42 YEARS, ALL ARE AT RAMPURA VILLAGE, MARALAWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.
... APPELLANTS (BY SRI V.JAVAHAR BABU, ADVOCATE) AND:
1. SRI LAKSHMINARAYANA S/O LATE R.B.VEERABHADRAIAH, AGED ABOUT 63 YEARS, 2. SRI SHYAMSUNDARA S/O LATE R.B.VEERABHADRAIAH, AGED ABOUT 53 YEARS, 3. SRI R.V.KRISHNAMURTHY S/O LATE R.B.VEERABHADRAIAH, AGE: MAJOR 4. SRI SHIVAKUMAR S/O LATE R.B.VEERABHADRAIAH, AGE: MAJOR ALL ARE R/AT RAMPURA VILLAGE, MARALAWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.
5. SMT. SHIVARUDRAMMA S/O LATE CHANNAPPA, AGE: MAJOR, R/AT KONASANDRA VILLAGE, MARALAWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.
6. SMT. SHANTHA W/O SHIVANANJAIAH, AGE: MAJOR, R/AT AGARA VILLAGE, KANAKAPURA TALUK, RAMANAGARA DISTRICT.
7. SRI CHARANAGOWDA S/O LATE NAGESH, AGED ABOUT 23 YEARS, 8. SRI DARSHANAGOWDA S/O LATE NAGESH, AGED ABOUT 21 YEARS, RESPONDENTS 7 & 8 ARE R/AT RAMPURA VILLAGE, MARALAWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.
... RESPONDENTS THIS RSA IS FILED U/S. 100 R/W ORDER 42 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 12.04.2019 PASSED IN R.A.NO.5145/2018 (OLD RA.NO.15/2016) ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, TO SIT AT KANAKAPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 14.10.2015 PASSED IN O.S.NO.244/2001 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KANAKAPURA.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellants, in compliance with the office objection with regard to maintainability of the appeal in view of provisions under Order XLIII Rule 1(u) of Code of Civil Procedure, files a memo seeking permission to convert this regular first appeal into a miscellaneous second appeal as permissible under the said provision.
2. Memo is taken on record. The learned counsel for the appellants is permitted to convert this regular second appeal into a miscellaneous second appeal.
3. For the purpose of statistics, this regular second appeal shall stand disposed of.
SD/- JUDGE PB