IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.7250 OF 2016 (CPC) BETWEEN:
1. SMT.SUMITHRA, D/O LATE KAKABALU MALLAPPA, W/O CHANDRAPPA, HEAD MASTER, SARYODAYA HIGH SCHOOL – 562120, R/O NAS EXTENSION, MAGADI TOWN,, RAMNAGARA DISTRICT.
2. SMT.MANJULA, D/O LATE KAKABALU MALLAPPA, W/O KUMAR, AGED ABOUT 51 YEARS, R/O HAMPANUR VILLAGE AND POST, CHITRADURGA DISTRICT-577519.
3. SMT.INDIRAMMA, D/O LATE KAKABALU MALLAPPA, W/O SOMANNA, AGED ABOUT 48 YEARS, R/O KANDGAL VILLAGE, DAVANAGERE – 577514.
4. SMT.NIRMALA, D/O LATE KAKABALU MALLAPPA, W/O BASAVARAJA, AGED ABOUT 43 YEARS, R/O KANDGAL VILLAGE, DAVANAGERE – 577514.
5. SRI.K.SHIVANANDAPPA, S/O LATE KAKABALU MALLAPPA, AGED ABOUT 54 YEARS, AGRICULTURIST, R/O BIDARAKERE VILLAGE, JAGALUR TALUK – 577528.
6. SRI.K.AJJAPPA, S/O LATE KAKABALU MALLAPPA, AGED ABOUT 37 YEARS, AGRICULTURIST, R/O BIDARAKERE VILLAGE, JAGALUR TALUK – 577528. …APPELLANTS (BY SRI.D.P.MAHESH, ADVOCATE) AND:
1. SRI.K.RAJAPPA, SINCE DEAD BY LR’s a) SMT.SULOCHANAMMA, WIFE OF LATE KAREGOWDARA RAJAPPA, AGED ABOUT 60 YEARS.
b) K.R.PRABHU, SON OF LATE KAREGOWDARA AGED ABOUT 30 YEARS.
c) K.R.MADHU, SON OF LATE KAREGOWDARA RAJAPPA, AGED ABOUT 28 YEARS.
THE RESPONDENTS ARE ALL AGRICULTURIST, R/O BIDARAKERE VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT-577528.
...RESPONDENTS (BY SRI.M.RAJASHEKAR, ADVOCATE FOR R1(A TO C) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(t) OF CPC, AGAINST THE ORDER DATED 14.07.2016 PASSED ON CIVIL MIS.PETITION NO.1/15 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANGERE, DISMISSING THE IA NO.1 FILED UNDER SECTION 151 OF CPC, CONSEQUENTLY CIVIL MISC.PETITION IS ALSO DISMISSED AS BARRED BY TIME.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Learned counsel for the appellants has filed memo seeking leave to convert the present appeal into civil revision petition under Section 115 of the Code of Civil Procedure.
2. Considering the submission of the counsel, memo is placed on record.
3. Learned counsel for the appellants is permitted to convert the present appeal into civil revision petition.
4. Registry to permit the learned counsel for the appellants to alter the nomenclature/classification and provision under which it is filed without insisting on the re-filing of the papers. On such conversion being made, the petition be listed before the Court having roster for the subject.
5. For the purpose of records, the miscellaneous first appeal is rounded off as disposed of.
Sd/- JUDGE SJ