Sri. S. Umasankaran vs The Commissioner
2023 Latest Caselaw 3217 Kant

                                                  -1-
                                                        NC: 2023:KHC:20163
                                                          MFA No. 2845 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 13TH DAY OF JUNE, 2023

                                              BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 2845 OF 2023 (CPC)

                   BETWEEN:

                   1.    SRI. S. UMASANKARAN
                         S/O LATE O.SUBRAMANIAN
                         AGED ABOUT 52 YEARS,

                   2.    SMT. S. BHUVANESHWARI
                         W/O UMASHANKARAN.S
                         AGED ABOUT 45 YEARS,

                         BOTH ARE RESIDING AT
                         NO.53/1-S, 21ST CROSS,
                         SOMESWARA LAYOUT,
                         HULIMAVU VILLAGE,
                         AREKERE SUB-DIVISION,
                         BOMMANAHALLI ZONE
                         BENGALURU.
Digitally signed
by SHARANYA T                                                  ...APPELLANTS
Location: HIGH
COURT OF                          (BY SRI. NAIK N.R., ADVOCATE)
KARNATAKA
                   AND:

                   1.    THE COMMISSIONER
                         BRUHAT BENGALURU
                         MAHANAGARA PALIKE,
                         N.R.SQUARE, BBMP,
                         BENGALURU.

                   2.    SMT. MAHADEVI
                         W/O. LATE DEVARAJA ARADHYA
                         AGED ABOUT 61 YEARS,
                               -2-
                                      NC: 2023:KHC:20163
                                         MFA No. 2845 of 2023




3.   SRI. DARSHAN ARADHYA. D
     S/O LATE DEVARAJA ARADHYA
     AGED ABOUT 36 YEARS,

4.   SRI. PRAVEEN ARADHYA
     S/O N.DEVARAJA ARADHYA
     AGED ABOUT 33 YEARS,

     RESPONDENTS No.2 TO 4 ARE
     RESIDING AT NO.53/1-R
     21ST CROSS, SOMESWARA LAYOUT,
     HULIMAVU VILLAGE,
     AREKERE SUB-DIVISION,
     BOMMANAHALLI ZONE,
     BENGALURU.
                                              ...RESPONDENTS

            (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1;
              SRI HARSHA, ADVOCATE FOR R2 TO R4)

     THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, PRAYING
TO SET ASIDE THE COMMON ORDER PASSED ON I.A.NO.1
DATED      21.04.2023   PASSED     ON      I.A.NO.1  IN
O.S.NO.25461/2020 ON THE FILE OF THE LVII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, CCH-58,
UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.

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

                         JUDGMENT

The learned counsel appearing for the appellants has

filed a memo dated 12.06.2023, seeking permission to convert

the appeal as Writ Petition and an interim order granted by this

Court in the above appeal may be extended till posting the writ

petition.

NC: 2023:KHC:20163 MFA No. 2845 of 2023

Hence, permitted to convert this appeal as Writ Petition

as sought in the memo.

Accordingly, this MFA stands disposed of for statistical

purpose.

The learned counsel for the appellants is directed to

comply with the office objections, forthwith.

Interim order granted earlier is extended, till the next

date of hearing.

After conversion, list this matter on 22.06.2023.

Sd/-

JUDGE

CP