IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD R.S.A.No.505/2017 BETWEEN:
Smt. Salimabi, D/o Yusuff Sab, W/o Abdul Jabbar, Aged about 72 years, R/o Ambedkar Road, Belt Road Cross, Chikmagalur City, And also R/o Gowri Kaluve, Vijayapura Extension, Chikmagalur City – 577 101.
… Appellant (By Sri Dayanand S. Patil, Advocate) AND:
City Municipality, Chikmagalur, Represented by its Commissioner, City Municipality, Chikmagalur City – 577 101.
... Respondent This R.S.A. is filed under Section 100 of CPC against the judgment and decree dated 9.12.2016 passed in R.A.No.24/2015 on the file of the I Addl. Senior Civil Judge, Chikkamagaluru allowing the appeal and setting aside the judgment and decree dated 27.11.2014 passed in O.S.No.137/2010 on the file of the Prl. Civil Judge and JMFC, Chikmagaluru.
This R.S.A. coming on for orders this day, the Court delivered the following:
J U D G M E N T The learned counsel for the appellant has filed a memo seeking conversion of this R.S.A. into M.S.A. In response to the office objections, R.S.A. would not be maintainable in view of the provisions of Order 43 Rule 1(u) of CPC.
2. The memo is accepted.
3. The learned counsel is permitted to convert R.S.A. into M.S.A. However, for statistical purpose, the appeal shall be shown as disposed of.
SD/- JUDGE MD