Smt. Gowramma vs Sri. Hanumanthaiah @ Kariyappa
2023 Latest Caselaw 4351 Kant

                                                -1-
                                                        NC: 2023:KHC:24043
                                                          MFA No. 4591 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 12TH DAY OF JULY, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 4591 OF 2023 (CPC)

                   BETWEEN:

                   1.    SMT. GOWRAMMA,
                         W/O. H. MUNI RANGAIAH,
                         AGED ABOUT 64 YEARS,
                         RESIDING AT NO.71/18,
                         LAKSHIMI NILAYA, 'A' STREET,
                         OPP. KAVIKA IYYANNA SHETTY
                         LAY-OUT, MYSORE ROAD,
                         BANGALORE-560 026.

                   2.    SMT. CHINNAMMA
                         W/O. LATE MAHATAIAH,
                         AGED ABOUT 61 YEARS,
                         RESIDING AT NO.15, 22ND CROSS,
                         MALAGALA
                         NAGARABHAVI 2ND STAGE,
Digitally signed
by SHARANYA T            BANGALORE-560 091.
Location: HIGH
COURT OF           3.    SMT. KALAVATHI
KARNATAKA
                         W/O. SRI K.R. VENKATARANGAIAH,
                         AGED ABOUT 54 YEARS,
                         RESIDING AT NO.34, 2ND CROSS,
                         HANUMANTHAPPA LAY-OUT,
                         MUTHACHARI INDUSTRIAL AREA,
                         BANGALORE-560 039.
                                                               ...APPELLANTS

                                 (BY SRI. K.N.RAMESH, ADVOCATE)
                                 -2-
                                        NC: 2023:KHC:24043
                                           MFA No. 4591 of 2023




AND:

1.   SRI. HANUMANTHAIAH @ KARIYAPPA
     S/O. LATE DODDACHINNAPPA,
     AGED ABOUT 68 YEARS,
     RESIDING AT NO.7-C, 4TH CROSS,
     ADJACENT TO HALINA RAJANNA'S HOUSE,
     HANUMANTHAPPA LAY-OUT,
     MYSORE ROAD,
     BANGALORE-560 039.

2.   SRI D. LAKSHMINARAYANA
     S/O. LATE DODDACHINNAPPA,
     AGED ABOUT 54 YEARS,
     RESIDING AT NO.88/1,
     3RD CROSS, 'A' STREET,
     OPP. TO KAVIKA,
     IYYANNA SHETTY LAY-OUT,
     BYATARAYANAPURA,
     MYSORE ROAD,
     BANGALORE-560 026.
                                                 ...RESPONDENTS

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 16.03.2023 PASSED ON I.A.
NO.XV, XVI AND XVII IN O.S.NO.1532/2013 ON THE FILE OF
THE IIIRD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY, DISMISSING THE APPLICATIONS FILED
UNDER SECTION 151 OF CPC AND SECTION 18 RULE 17 AND
UNDER ORDER 7 RULE 14(3) READ WITH SECTION 151 OF
CPC.

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

                           JUDGMENT

Learned counsel for the appellants has filed a memo to

convert this miscellaneous first appeal into a writ petition.

NC: 2023:KHC:24043 MFA No. 4591 of 2023

In view of the memo, the appellants are permitted to

convert this miscellaneous first appeal into a writ petition.

For statistical purpose, the appeal stands disposed of.

Sd/-

JUDGE

ST