Sri. D.S. Hiranya Gowda vs Sri. Narayanaswamy
2022 Latest Caselaw 7817 Kant

                               -1-



         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

             DATED THIS THE 31ST DAY OF MAY, 2022

                           BEFORE

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

           MISCELLANEOUS FIRST APPEAL NO.3930/2022



BETWEEN:

SRI. D.S. HIRANYA GOWDA
S/O LATE SADAPPA
AGED 85 YEARS,
R/AT DODDAMALLE VILLAGE,
TEKAL HOBLI MALUR TALUK,
KOLAR DISTRICT-563 137.
                                          ... APPELLANT

(BY SRI. P B RAJU, ADVOCATE)



AND:

1.     SRI. NARAYANASWAMY
       S/O SEENAPPA
       AGED 49 YEARS,
       R/AT DODDAMALLE VILLAGE,
       TEKAL HOBLI, MALUR TALUK
       KOLAR DISTRICT-563 137

2.     SRI.CHALAPATHI
       S/O SEENAPPA
       AGED 40 YEARS,
       R/AT DODDAMALLE VILLAGE,
       TEKAL HOBLI, MALUR TALUK
       KOLAR DISTRICT-563 137.
                                -2-



3.   SRI.MURALI
     S/O SEENAPPA
     AGED 34 YEARS,
     R/AT DODDAMALLE VILLAGE,
     TEKAL HOBLI, MALUR TALUK
     KOLAR DISTRICT-563 137.

4.   SRI.RAJESH
     S/O SEENAPPA
     AGED 30 YEARS,
     R/AT DODDAMALLE VILLAGE,
     TEKAL HOBLI, MALUR TALUK
     KOLAR DISTRICT-563 137.
                                           ... RESPONDENTS


      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1 OF CPC, PRAYING TO SET ASIDE THE ORDER
DATED 22.04.2022 PASSED IN M.A.NO.3/2022 ON THE FILE OF THE
SENIOR CIVIL JUDGE AT MALUR.

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


                        JUDGMENT

Perused memo dated 31.05.2022 and the impugned

order dated 22.04.2022 in M.A.No.3/2022 on the file of the

Senior Civil Judge and JMFC, Malur.

The memo is accepted and the appeal stands

disposed of with liberty to the petitioner to avail remedy

under Section 227 of the Constitution of India, subject to

all just exceptions in law.

SD/-

JUDGE

RB