IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1521 OF 2016 BETWEEN Mahadeva Gowda, S/o. Sannahydegowda, Aged about 50 years, R/at Doddahattihundi Village, Doddamaragowdanahalli Post, Yelawala Hobli, Mysuru Taluk, Mysuru District.
(By Sri. Dilip Kumar, Advocate) AND 1. Manjamma, W/o. Sri. Javaregowda, D/o. Late. Sannjhydegowda, Aged about 35 years, R/at Seegahalli Village, Nagavala Post, Mysuru Taluk, Mysuru District.
2. Smt. Sakamma, W/o. Sri. Mahalinga, D/o. Late Sannahydegowda, Aged about 34 years, R/at Doddahattihundi Village, Doddamaragowdanahalli Post, …Appellant Yelawala Hobli, Mysuru Taluk, Mysuru District.
3. Smt. Doddamma, W/o. Late Sannahydegowda, Aged about 67 years, 4. Smt. Kendamma, W/o. Sri. Marigowda, D/o. Late Sannahydegowda, Aged about 44 years, R3 & R4 are R/at. No.189, Doddahattihundi Village, Doddamaragowdanahalli Post, Yelawala Hobli, Mysuru Taluk, Mysuru District.
…Respondents This RFA is filed under Section 96 of CPC against the order dated 16.07.2015 passed in Mis.No.83/2012 on the file of the IV Additional Senior Civil Judge, At Mysore, dismissing the petition filed under Order 9 rule 13 of CPC.
This RFA coming on for orders, this day, the Court made the following :
ORDER The appellant has challenged the order of the trial court dismissing the petition filed under Order 9 Rule 13 CPC. The said order is appellable under Order 43 Rule 1 CPC. Therefore RFA is not maintainable. At the request of the appellant’s counsel Registry is directed to convert this RFA into MFA.
Sd/- JUDGE sd