IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.1575 OF 2019 (CPC) BETWEEN:
1. SRI.MUNEGOWDA, SON OF LATE PUTTAIAH, AGED ABOUT 55 YEARS.
2. SMT.BHARATHI, WIFE OF SRI.MUNEGOWDA, AGED ABOUT 45 YEARS.
APPELLANTS NO.1 AND 2 ARE RESIDING AT NAGANAYAKANALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK -562106, BENGALURU DISTRICT. …APPELLANTS (BY SRI.RAMESH N.J, ADVOCATE) AND:
1. SRI.ANAJANAPPA, SON OF LATE HANUMANTHAPPA, AGED ABOUT 69 YEARS, RESIDING AT NAGANAYAKANALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK – 562106, BENGALURU DISTRICT.
2. SMT.GOWRAMMA, WIFE OF LATE M.KRISHNAPPA, AGED ABOUT 69 YEARS, RESIDING AT NAGANAYAKANALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK – 562106, BENGALURU DISTRICT.
3. SMT.KEMPAMMA, DAUGHTER O LATE M.KRISHNAPPA, AGED ABOUT 49 YEARS, RESIDING AT BILI SHIVALE VILLAGE, GUBBI POST, HOSKOTE TALUK – 562114, BENGALURU DISTRICT. ...RESPONDENTS **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(t) OF THE CIVIL PROCEDURE CODE, WHEREFORE, THE APPELLANT RESPECTFULLY PRAYS THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 11.02.2019 PASSED IN MISC.NO.132/2010 BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE AND DISMISS THE SAME BY RESTORING THE EARLIER ORDER AND PASS SUCH OTHER ORDER OR ORDERS AS DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the appellants has filed a memo seeking an order to convert this Miscellaneous First Appeal into Civil Revision Petition in view of the non maintainability of the appeal as per the office objections.
Heard the counsel for the appellants. Memo is placed on record.
The appellants are permitted to convert the Miscellaneous First Appeal into Civil Revision Petition and to take necessary steps in this regard.
The appeal stands disposed of for statistical purpose.
Sd/- JUDGE ykl