Sri Hanumantharayappa vs Sri Channappa
2021 Latest Caselaw 6019 Kant

                                 M.F.A.NO.390/2021

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 13TH DAY OF DECEMBER 2021

                      BEFORE

       THE HON'BLE MRS JUSTICE K.S.MUDAGAL

 MISCELLANEOUS FIRST APPEAL NO.390/2021(CPC)

BETWEEN:

1.    SRI.HANUMANTHARAYAPPA
      S/O LATE GANGANNA
      AGED ABOUT 70 YEARS

2.    SMT.ASHWATHAMMA
      W/O LATE NARAYANAPPA
      DAUGHTER-IN-LAW OF LATE GANGANNA
      AGED ABOUT 60 YEARS

3.    SMT.SHARADAMMA
      D/O LATE GANGANNA
      AGED ABOUT 50 YEARS

4.    SMT.KRISHNAMMA
      W/O LATE ASHWATHAPPA
      AGED ABOUT 55 YEARS

5.    SMT.GAYATHRI
      D/O LATE ASHATHAPPA
      AGED ABOUT 35 YEARS

6.    RAGHAVENDRA
      S/O LATE ASHWATHAPPA
      AGED ABOUT 33 YEARS

7.    SMT.KALAVATHI
      D/O LATE ASHWATHAPPA
      AGED ABOUT 31 YEARS

8.    NAGARAJU
      S/O LATE ASHWATHAPPA
      AGED ABOUT 29 YEARS
                                       M.F.A.NO.390/2021

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       ALL ARE RESIDING AT
       RACHENAHALLI VILLAGE
       K.R.PURA HOBLI
       BANGALORE EAST TALUK        ... APPELLANTS

(BY SRI.B.CHANDRASEKHAR, ADVOCATE (ABSENT))

AND:

1.     SRI.CHANNAPPA
       S/O LATE GANGANNA
       AGED ABOUT 65 YEARS

2.     MUNIKRISHNA
       S/O LATE GANGANNA
       AGED ABOUT 58 YEARS

3.     SRI.NANJE GOWDA
       S/O CHENNAPPA
       AGED ABOUT 55 YEARS

       THE RESPONDENTS 1 TO 3
       ARE RESIDING AT RACHENAHALLI VILLAGE
       K.R.PURA HOBLI
       BANGALORE EAST TALUK

4.     SMT.LAKSHMAMMA
       W/O LATE VENKATARAMA SHASTRY
       AGED ABOUT 55 YEARS

5.     SURESH
       S/O LATE VENKATARAMA SHASTRY
       AGED 32 YEARS

6.     NAGESH
       S/O LATE VENKATARAMA SHASTRY
       AGED ABOUT 30 YEARS

       RESPONDENT NOS.4 TO 6 ARE
       RESIDING AT NO.354, NEAR
       VENUGOPALASWAMY TEMPLE
       ARABIC COLLEGE POST
       BANGALORE - 560 045       ... RESPONDENTS
                                        M.F.A.NO.390/2021

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     THIS MFA IS FILED UNDER ORDER 41 RULE 1 OF CPC,
PRAYING TO SET ASIDE THE ORDER DATED 21.03.2020
PASSED IN O.S.NO.5689/2014 ON THE FILE THE XX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-32).

     THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                   JUDGMENT

The appellants have challenged the order of the

trial Court rejecting their application for amendment.

The said order is not appealable either under Order XLI

Rule 1 or Order XLIII Rule 1 of CPC.

Therefore the office objections are upheld and the

appeal is dismissed as not maintainable.

Sd/-

JUDGE

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