A K Machaiah vs Smt. Pushpa
2023 Latest Caselaw 6729 Kant

                                               -1-
                                                       NC: 2023:KHC:34518
                                                     MFA No. 6305 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 22ND DAY OF SEPTEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6305 OF 2023 (CPC)


                   BETWEEN:

                   1.    A K MACHAIAH
                         S/O KUTTAPPA
                         AGED ABOUT 56 YEARS

                   2.    S S KULAPPA
                         S/O SOMAIAH
                         AGED ABOUT 58 YEARS

                   3.    M K KISHAN
                         S/O KALAPPA
                         AGED ABOUT 33 YEARS

                   4.    NANJUNDA
                         S/O NANJAPPA,
Digitally signed         AGED ABOUT 61 YEARS
by
DHANALAKSHMI
MURTHY             5.    PRADEEP
Location: High           S/O NANJUNDAPPA
Court of                 AGED ABOUT 40 YEARS
Karnataka

                   6.    M S PAPAIAH
                         S/O SUBBAIAH
                         AGED ABOUT 48 YEARS

                   7.    V A THIMMAIAH
                         S/O ANNAIAH
                         AGED ABOUT 52 YEARS
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                                         NC: 2023:KHC:34518
                                       MFA No. 6305 of 2023




8.   M U LINGAPPA @ APPANNA
     S/O UTHAIAH
     AGED ABOUT 60 YEARS

9.   SACHIN
     S/O B C NAGARAJ
     AGED ABOUT 31 YEARS

10. SUJITH
    S/O B C NAGARAJ
    AGED ABOUT 29 YEARS
    ALL ARE R/AT ABBIMATTA VILLAGE
    SHANTHALLI HOBLI
    SOMWARPET TALUK
    KODAGU DISTRICT-571236.
                                                ...APPELLANTS
(BY SRI. SHIVAREDDY K N.,ADVOCATE)

AND:

SMT. PUSHPA
W/O LATE HOOVAIAH
AGED ABOUT 58 YEARS
ABBIMATA VILLAGE
SHANTHALLI HOBLI
SOMWARPET TALUK
KODAGU DISTRICT-571236.
                                                ...RESPONDENT



       THIS MFA IS FILED UNDER ORDER 43 RULE 1 OF CPC,
AGAINST     THE   ORDER      DATED:17.07.2023    PASSED   IN
M.A.NO.1/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE,
SOMAWARPETE, ALLOWING THE M.A. FILED UNDER ORDER
XLIII RULE 1 AND 2 OF CPC.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                          NC: 2023:KHC:34518
                                       MFA No. 6305 of 2023




                         JUDGMENT

1. The learned counsel for the appellants has filed a

memo dated 22.09.2023 seeking conversion of the above

Miscellaneous First Appeal into Writ Petition.

2. Memo dated 22.09.2023 is placed on record.

3. Accordingly, the registry is directed to convert this

Miscellaneous First Appeal into Writ Petition.

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

Sd/-

JUDGE

HA