Smt Anjanadevi H vs Sri Hanumanthaiah
2024 Latest Caselaw 12042 Kant

Karnataka High Court

Smt Anjanadevi H vs Sri Hanumanthaiah on 30 May, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                             NC: 2024:KHC:18260
                                                           MFA No. 2780 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 30TH DAY OF MAY, 2024

                                              BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      MISCELLANEOUS FIRST APPEAL NO. 2780 OF 2024 (CPC)
                      BETWEEN:

                            SMT. ANJANADEVI H.,
                            W/O SRI. RAMAKRISHNAIAH,
                            AGED ABOUT 43 YEARS,
                            D/O SRI, HANUMANTHAIAH
                            RESIDING AT NO. 161/1,
                            VII CROSS,
                            GANESHRAO LAYOUT, SUBHASHNAGARA,
                            NELAMANGALA - 562 123.
                                                                   ...APPELLANT
                      (BY MS. ANU C NANDA, ADVOCATE FOR
                          SRI. D.N. MANJUNATH, ADVOCATE)

                      AND:

                      1.    SRI. HANUMANTHAIAH,
Digitally signed by
MOHANKUMAR M                S/O LATE CHIKKARAMAIAH,
Location: High              AGED ABOUT 74 YEARS.
Court of Karnataka

                      2.    SRI. LOKESH K.H.,
                            S/O SRI. HANUMANTHAIAH
                            AGED ABOUT 48 YEARS.

                      3.    SMT. BHARATHI H.,
                            S/O SRI. HANUMANTHAIAH
                            AGED ABOUT 34 YEARS.
                               -2-
                                           NC: 2024:KHC:18260
                                        MFA No. 2780 of 2024




4.   SRI. NAVEEN KUMAR H.,
     S/O SRI. HANUMANTHAIAH,
     AGED ABOUT 28 YEARS.

     RESPONDENT 1-4 ARE
     RESIDING AT PAPABHOVIPALYA
     VILLAGE, MACHANAYAKANAHALLI DHAKALE,
     BHUDHIHAL POST, KASABA HOBLI,
     NELAMANGALA TALUK,
     BANGALORE RURAL DISTRICT.
                                       ...RESPONDENTS



       THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST     THE    ORDER    DATED.30.03.2024      PASSED    IN
M.A.NO.35/2022 ON THE FILE OF THE VII ADDITIONAL
DISTRICT     AND   SESSIONS    JUDGE,    BENGALURU      RURAL
DISTRICT, ALLOWING THE MA FILED U/O.43 RULE 1(r) OF
CPC.

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

                         JUDGMENT

Learned counsel for appellant has filed a memo stating

that against impugned order Miscellaneous Second Appeal

would be maintainable and by inadvertently Miscellaneous First

Appeal had been filed, and hence seeks permission of this Court

to convert this Miscellaneous First Appeal into Miscellaneous

Second Appeal.

NC: 2024:KHC:18260

Memo is placed on record.

Appellant is permitted to convert Miscellaneous First

Appeal into Miscellaneous Second Appeal.

Miscellaneous First Appeal is disposed of for statistical

purpose.

Upon amendment, Registry to assign Miscellaneous

Second Appeal number and post this matter before appropriate

Bench.

Sd/-

JUDGE

MKM