IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL NO.4725/2019 (CPC) BETWEEN:
SRI ANNEGOWDA S/O SWAMYGOWDA AGED ABOUT 56 YEARS R/AT MALLIPATNA VILLAGE AND HOBLI ARAKALGUD TALUK HASSAN DISTRICT – 573 102 (BY SRI G.BALAKRISHNA SHASTRY, ADVOCATE) AND:
SRI BASAVAIAH S/O LATE ERAIAH AGED ABOUT 61 YEARS R/AT MALLIPATNA VILLAGE AND HOBLI ARAKALGUD TALUK HASSAN DISTRICT – 573 102 … APPELLANT …RESPONDENT THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 26.03.2019 PASSED ON I.A.NO.II IN RA NO.21/18 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARKALGUD, DISMISSING I.A.NO.II FILED BY THE APPELLANT UNDER ORDER 39 RULES 1 & 2 OF CPC.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Appellant’s counsel is present.
Office objection is tenable. The appellant ought to have filed an appeal in the District Court. The appeal stands disposed of.
Appellant’s counsel prays for returning the appeal papers. Therefore, Registry is directed to return the appeal papers to the appellant’s counsel to enable the appellant to present an appeal before the jurisdictional Court.
SD/- JUDGE hkh.