Smt Sarojamma vs Smt K Chinnamaiah
2023 Latest Caselaw 5299 Kant

                                                   -1-
                                                            NC: 2023:KHC:27536
                                                               RFA No. 164 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 4TH DAY OF AUGUST, 2023

                                                  BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                             REGULAR FIRST APPEAL NO. 164 OF 2022 (DEC)

                      BETWEEN:

                      1.   SMT SAROJAMMA
                           W/O LATE KRISHNAPPA
                           AGED ABOUT 53 YARS,
                           RESIDING AT NO.48, IN SY NO.139
                           GANAPATHINAGAR, LAGGERE VILLAGE
                           YESHWANTHAPURA HOBLI
                           BANGALORE - 560 058
                                                                       ...APPELLANT
                      (BY SRI. INDU SHEKAR B T.,ADVOCATE)
                      AND:

                      1.   SMT K CHINNAMAIAH
                           DIED DURING THE PENDING OF THE SUIT

                      2.   SMT K MANJULA
                           AGED ABOUT 50 YEARS

                      3.   SMT K GEETHA
Digitally signed by        AGED ABOUT 48 YEARS,
VEDAVATHI A K
Location: High
Court of Karnataka
                      4.   SRI K NARAYANA MURTHY
                           AGED ABOUT 44 YEARS,
                           ALL ARE RESIDING AT NO.24,
                           1ST MAIN, 5TH CROSS
                           VIJAYANAGAR
                           BANGALORE - 560 040
                                                                    ...RESPONDENTS

                            THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
                      RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
                      08.12.2021 PASSED IN OS No.255/2013 ON THE FILE OF THE III
                      ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU,
                      DECREEING THE SUIT FOR DECLARATION.
                                -2-
                                       NC: 2023:KHC:27536
                                           RFA No. 164 of 2022




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

Office has raised objections regarding maintainability of

this appeal.

At this stage, learned counsel for the appellant files

memo for seeking permission to convert the RFA(DEC) into

Miscellaneous First Appeal (MC).

The submission and memo of the learned counsel is

placed on record.

The learned counsel for the appellant is permitted to

convert the RFA (DEC) into Miscellaneous First Appeal (MC).

For the said purpose, this appeal is disposed of.

Office to assign new number and place the matter before

the roaster bench.

Sd/-

JUDGE

AKV