Karnataka High Court
Jayamma W/O Late Ningegowda @ Ningaiah vs M.S. Nagaratna W/O S T Javaregowda on 27 September, 2012
Author: N.Ananda
Bench: N.Ananda
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27TH DAY OF SEPTEMBER 2012
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
M.F.A.NO.5123/2011
BETWEEN:
JAYAMMA
W/O LATE NINGEGOWDA @ NINGAIAH
AGED ABOUT 53 YEARS
R/AT NO 31, MANANDAVADI ROAD
SRIRAMPURA VILLAGE
MYSORE
... APPELLANT
(BY SMT.H.G.SANDHYA VIJAYA KUMAR, ADV.)
AND:
1. M.S.NAGARATNA
W/O S T JAVAREGOWDA
AGED ABOUT 47 YEARS
R/T NO.2517 (CH-51)
5TH CROSS, HOSABEEDI
K G KOPPAL, CHAMARAJA MOHALLA
MYSORE
2. THE GOVERNMENT OF KARNATAKA
REP BY DEPUTY COMMISSIONER
MYSORE DISTRICT, MYSORE
... RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(a) OF
CPC WITH A PRAYER TO SET ASIDE THE ORDER PASSED
BY THE LEARNED PRL. DISTRICT JUDGE, MYSORE IN
MIS.NO.23/2010 DATED 4.3.2011 AND GRANT SUCH
OTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT
UNDER THE CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Perused the provisions of Order 43 Rule 1 CPC. An order made under Section 44(1) & (2) CPC is not appealable under provisions of Order 43 Rule 1 CPC.
2. Therefore, the appeal is dismissed as not maintainable.
Sd/-
JUDGE nas.