Smt. Susheelamma W/O Late Earanna vs Smt. Earamma W/O Huligappa
2021 Latest Caselaw 3100 Kant

                          1        RFA No.200050/2021




          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 03RD DAY OF AUGUST, 2021

                       PRESENT

       THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

                        AND

        THE HON'BLE MRS. JUSTICE J.M.KHAZI


 REGULAR FIRST APPEAL No.200050/2021 (DECL)


BETWEEN:

SMT. SUSHEELAMMA
W/O LATE EARANNA
AGE: 50 YEARS
OCC: H.H.WORK
R/O H.NO.12-10-170/1
SIYA TALAB, RAICHUR.

                                        ...APPELLANT
(BY SRI. SHIVANAND PATIL, ADVOCATE)


AND:

1 . SMT. EARAMMA W/O HULIGAPPA
(FALSELY CLAIMING AS W/O EARANNA)
AGE. 55 YEARS, OCC. H.H. WORK
R/O MYKADONI VILLAGE
NEAR MANTRALAYAM
TQ. YEMMIGANUR
                         2        RFA No.200050/2021




DIST. KURNOOL (A.P)
PRESENTLY AT H.NO. 8-11-181/3A
N.G.O. COLONY, RAICHUR-584101.

2 . SMT. ASHIRWADAMMA D/O HULIGAPPA
(FALSELY CLAIMING AS D/O EARANNA)
AGE: 28 YEARS, OCC. H.H. WORK
R/O MYKADONI VILLAGE
NEAR MANTRALAYAM
TQ. YEMMIGANUR
DIST. KURNOOL (A.P.)-518001.

3 . SMT.BHEEMAKKA
W/O LATE GANGANNA @ NARASAPPA
AGE: 74 YEARS, OCC: NIL
R/O HARIJANWADA
BADINEHALA VILLAGE
NEAR KOWTALAM MANDALAM
TQ. ADONI,
DIST. KURNOOL (A.P.)-518001.

4 . THE SUPTD. OF POLICE
RAICHUR, BY ADMINISTRATIVE
OFFICER, RAICHUR-584101.
                                   ...RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 97 READ WITH ORDER 41 RULE I OF CIVIL
PROCEDURE CODE, 1908, PRAYING TO ALLOW THE
APPEAL AND RESULTANTLY SET ASIDE THE IMPUGNED
JUDGMENT AND DECREE DATED 22.06.2021 PASSED IN
O.S.NO.24/2017 ON THE FILE OF PRL. JUDGE FAMILY
COURT AT RAICHUR BY DISMISSING THE SUIT IN THE
INTEREST OF JUSTICE.

     THIS APPEAL IS COMING ON FOR ORDERS, THIS
DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
                                3          RFA No.200050/2021




                        JUDGMENT

Heard.

2. By Administrative order of Hon'ble the Chief

Justice referred in memo No.HCE:82/92

dated 30th September 1997, the appeals under Section 19

of the Family Courts Act are required to be classified as

Miscellaneous First Appeal.

3. The Full Bench of Patna High Court in Sunita

Kumari and etc. v. Prem Kumar reported in AIR 2009

Patna 183 discussing provisions of Section 104 and 2(2)

of CPC and Section 19 of the Family Courts Act, held that

the appeals under Section 19(1) of the Family Courts Act

against the orders and decrees of the Family Court Act are

to be registered as Miscellaneous First Appeal. Therefore,

permission is accorded for conversion.

4. Registry shall covert the Regular First Appeal

to Miscellaneous First Appeal.

5. The present appeal is disposed of for the

statistical purpose.

6. On conversion, list MFA on 06.08.2021.

Sd/-

JUDGE

Sd/-

JUDGE

sdu