Sri. M. M. Aiyanna vs Swathi Thammaiah
2023 Latest Caselaw 5807 Kant

                                                -1-
                                                            NC: 2023:KHC:29519
                                                          MFA No. 5031 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 21ST DAY OF AUGUST, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5031 OF 2023 (CPC)
                   BETWEEN:

                   SRI. M. M. AIYANNA
                   S/O. LATE M. M. MUTHANNA
                   AGED ABOUT 78 YEARS
                   R/AT K. BYGODU VILLAGE
                   HATHUR POST, VIRAJPET TALUK
                   S. KODAGU-571 218.
                                                                  ...APPELLANT
                   (BY SRI. AJAY PRABHU M.,ADVOCATE)

                   AND:

                   1.    SWATHI THAMMAIAH
                         W/O. LATE M. M. THAMMAIAH
                         AGED ABOUT 70 YEARS
Digitally signed
by                 2.    M. T. SURAJ UTHAPPA
DHANALAKSHMI             S/O. M. M. THAMMAIAH
MURTHY                   AGED ABOUT 48 YEARS
Location: High
Court of
Karnataka          3.    M. T. SACHIN APPACHU
                         S/O. LATE M. M. THAMMAIAH
                         AGED ABOUT 45 YEARS

                         ALL ARE R/AT K. BYGODU VILLAGE
                         HATHUR POST, VIRAJPET TALUK
                         S. KODAGU-571 218.

                   4.    M. M. SURESH
                         S/O. LATE M. M. MUTHANNA
                         AGED ABOUT 62 YEARS
                             -2-
                                        NC: 2023:KHC:29519
                                      MFA No. 5031 of 2023




     R/AT K. BYGODU VILLAGE
     HATHUR POST, VIRAJPET TALUK
     S. KODAGU-571 218.
                                           ...RESPONDENTS
      THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 01.06.2023         PASSED ON    IN
C.M.C.NO. 8/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE,
VIRAJPET,    DISMISSING THE PETITION FILED UNDER ORDER
39 RULE 2(A) OF CPC.

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

                        JUDGMENT

1. Office has raised objection regarding maintainability

of appeal.

2. The learned counsel for the appellant has filed a

memo dated 21.8.2023 stating that the office may be

directed to return the appeal memo along with certified

copy of the judgment and decree of the trial court and

documents to the appellant to present the same before the

appropriate legal forum.

3. The memo is placed on record.

NC: 2023:KHC:29519 MFA No. 5031 of 2023

4. Office is directed to return the appeal memo along

with certified copy of the judgment and decree of the trial

court and documents to the appellant to enable the

appellant to present the same before the appropriate legal

forum, after retaining the Photostat copies of the same.

5. The appellant is directed to present the same before

the appropriate legal forum within two weeks from the

date of receipt of certified copy of the judgment and

decree of the Trial Court from the registry.

6. For statistical purpose, the appeal is disposed of.

Sd/-

JUDGE

DM