Smt.Thimmamma W/O Late B. ... vs Smt Maheshwari D/O Pampathi And ...
2022 Latest Caselaw 1858 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 07TH DAY OF FEBRUARY, 2022

                         BEFORE

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

              MFA No.201395/2021 (ISJ)

BETWEEN:

1.     SMT.THIMMAMMA
       W/O LATE B. MALLIKARJUNA GADDIMATT
       AGE. 42 YEARS, OCC. HOUSEHOLD,
       R/O. ECHAGATA VILLAGE,
       TQ. HOLALKERE,
       DIST. CHITRADURGA.

2.     CHANDANA
       D/O LATE B. MALLIKARJUNA GADDIMATT
       AGE. 12 YEARS, REPRESENTED BY HER NATURAL
       MOTHER NEXT FRIEND AND GUARDIAN BY
       SMT. THIMMAMMA
       W/O LATE B. MALLIKARJUNA GADDIMATT,
       AGE. 42 YEARS, OCC. HOUSEHOLD,
       APPELLANT NO.1,
       BOTH R/O. ECHAGATA VILLAGE,
       TQ. HOLALKERE,
       DIST. CHITRADUGRA.
                                            ...APPELLANTS

(BY SRI.SHIVAKUMAR KALLOOR, ADVOCATE)

AND:

1.     SMT MAHESHWARI D/O PAMPATHI
       AGE. MAJOR, OCC. HOUSEHOLD,
       R/O. JAGATAL VILLAGE, TQ. DEVADURGA,
       DIST. RAICHUR-584111.
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2.   CHIEF MEDICAL OFFICER
     OFFICE OF TALUKA PUBLIC HOSPITAL,
     DEVADURGA-584111.

3.   ALL CONCERNED

4.   SMT.SIDDALINGAMMA W/O BASAVARAJAYYA
     AGE. 65 YEARS, OCC. HOUSEHOLD,
     R/O. SINDHANUR, DIST. RAICHUR-584128.

5.   GIRI SHANKAR S/O MALLIKARJUNA
     AGE. 11 YEARS, OCC. STUDENT.

6.   UDAYA SHANKAR S/O MALLIKARJUNA
     AGE. 11 YEARS, OCC. STUDENT,
     REPRESENTED BY THEIR NATURAL MOTHER
     RESPONDENT NO.1 SMT. MAHESHWARI
     W/O MALLIKARJUNA,
     BOTH R/O. INDIRANAGAR, SINDHANUR,
     DIST. RAICHUR.
                                      ... RESPONDENTS


     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 384 OF INDIAN SUCCESSION ACT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT
AND ORDER DATED 27.01.2021 PASSED BY SENIOR CIVIL
JUDGE AND JMFC DEVADURGA, IN P & SC NO.1/2016 (OLD
NO.2/2015) AND ALLOW P & SC NO.1/2016 (OLD NO.2/2015)
FILED BY APPELLANTS.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-
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                       JUDGMENT

Heard and perused the records.

2. In view of office objections regarding

maintainability of appeal, office is directed to return

the appeal memo along with all the documents to the

counsel for the appellants for representation before

the proper Court (District Court).

3. Representation shall be made within a

period on or before 02.03.2022.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

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