Shreedevi vs Shivalingappa
2024 Latest Caselaw 26913 Kant

Karnataka High Court

Shreedevi vs Shivalingappa on 11 November, 2024

Author: R.Devdas

Bench: R.Devdas

                                               -1-
                                                          NC: 2024:KHC-K:8305-DB
                                                       MFA No.203161 of 2024




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                          DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                            PRESENT

                               THE HON'BLE MR. JUSTICE R.DEVDAS
                                              AND
                             THE HON'BLE MR. JUSTICE G BASAVARAJA

                          MISCL. FIRST APPEAL NO.203161 OF 2024 (FC)

                      BETWEEN:

                      SHREEDEVI
                      W/O SHIVALINGAPPA VACHA,
                      AGE: 45 YEARS,
                      OCC: HOUSEHOLD,
                      R/O: 1-892/1011 NEW JEWARGI ROAD,
                      NEAR SHRI. KRISHNEWAR MANDIR,
                      UDAY NAGAR, KALABURAGI - 585 103.
                                                                    ...APPELLANT

                      (BY SRI SAGAR RAMACHENDAR, ADVOCATE)
Digitally signed by
BASALINGAPPA          AND:
SHIVARAJ
DHUTTARGAON
Location: HIGH        SHIVALINGAPPA
COURT OF
KARNATAKA             S/O SHARNAPPA VACHE,
                      AGE: 47 YEARS,
                      OCC: AGRICULTURE AND BUSINESS,
                      R/O: YELSANGI,
                      TQ: ALAND,
                      DIST: KALABURAGI.
                                                                  ...RESPONDENT

                           THIS MFA IS FILED UNDER SECTION 19(1) OF THE
                      FAMILY COURTS ACT, 1984, PRAYING TO ALLOW THE APPEAL
                      BY SETTING ASIDE THE JUDGMENT AND ORDER DATED
                               -2-
                                       NC: 2024:KHC-K:8305-DB
                                       MFA No.203161 of 2024




30.04.2024 PASSED BY THE FAMILY COURT, KALABURAGI IN
M.C. NO.247/2022 BY ALLOWING THIS APPEAL AND TO PASS
SUCH OTHER SUITABLE ORDER AS THIS HON'BLE COURT MAY
DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY.

    THIS MFA COMING ON FOR ORDERS,                THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE R.DEVDAS
           AND
           HON'BLE MR. JUSTICE G BASAVARAJA

                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE R.DEVDAS)

Learned counsel for the appellant has filed a memo

seeking conversion of this miscellaneous first appeal into

RPFC. It is doubtful as to whether the RPFC would be

listed before Division Bench. Therefore, we proceed to

dismiss the appeal while reserving liberty to the appellant

to file RPFC on the same cause of action.

Sd/-

(R.DEVDAS) JUDGE

Sd/-

(G BASAVARAJA) JUDGE BL