Smt Dyavamma vs Smt Lakshmamma
2022 Latest Caselaw 10967 Kant

                            -1-



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 19TH DAY OF JULY, 2022

                          BEFORE

         THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

       MISCELLANEOUS FIRST APPEAL NO.5032/2022 (CPC)

BETWEEN:

SMT. DYAVAMMA
W/O CHALUVEGOWDA
AGED 81 YEARS
RESIDENT OF HOMBALEKOPPALU
VILLAGE, KASABA HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT - 573 116.
                                           ... APPELLANT
(BY SRI.RAGHAVENDRA H.S, ADVOCATE)

AND:

1.     SMT LAKSHMAMMA
       W/O NARASE GOWDA
       AGED 81 YEARS

2.     SRI CHALUVE GOWDA
       S/O NARASE GOWDA
       AGED 56 YEARS,

       BOTH ARE R/O HOMBALEKOPPALU
       VILLAGE, KASABA HOBLI
       CHANNARAYAPATNA TALUK
       HASSAN DISTRICT - 573 116.

3.     SMT. SUVARNA
       W/O SATHISH KUMAR
       AGED 49 YEARS
                             -2-



4.      SRI SRINIDHI
        S/O SATHISH KUMAR
        AGED 29 YEARS,

        BOTH ARE R/O PADAMMA
        SHIVAPPA COMPLEX
        MYSORE ROAD,
        OPPOSITE TO PUNYA HOSPITAL
        CHANNARAYAPATNA
        TOWN - 573 116.
                                        ... RESPONDENTS

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER ORDER 43 RULE 1 OF CPC, AGAINST THE ORDER
DATED 13.04.2021 PASSED IN MA NO.15/2021 ON THE
FILE  OF   THE    SENIOR   CIVIL JUDGE,    JMFC,
CHANNARAYAPATNA, ALLOWING THE APPEAL FILED
UNDER ORDER 43 RULE 1 OF CPC.

    THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ORDERS THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                        JUDGMENT

The appellant has impugned the order dated

13.04.2022 in M.A. No.15/2021 on the file of the Senior

Civil Judge and JMFC, Channarayapatna. The

proceedings in M.A. No.15/2021 is under Order XLIII

Rule 1 of the Code of Civil Procedure, 1908 [for short,

'the CPC'] and in that event, the appeal cannot be

maintained. As such, the appeal stands disposed of

with liberty to avail appropriate remedy subject to all

just exceptions in law.

The registry shall also return the certified copy to

the learned counsel for the appellant.

SD/-

JUDGE

AN/-