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Karnataka High Court

Sri Michelappa vs Smt. Pushpavathi on 28 January, 2021

Author: S R.Krishna Kumar

Bench: S.R.Krishna Kumar

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 28TH DAY OF JANUARY, 2021

                         BEFORE

       THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

              M.F.A.No.425 OF 2021 (CPC)

BETWEEN:

Sri. Michelappa,
S/o. Late Inneshappa,
Aged about 73 years,
R/at Doddabeguru Village,
Begur Hobli, Bengaluru-560068.

Presently residing at
No.471, 17th Cross,
Viswapriya Layout,
2nd Block, Begur,
Bengaluru-560068.
                                           ...Appellant
(By Sri. Mithun G.A., Advocate)


AND:

1.     Smt. Pushpavathi,
       W/o. Venugopala Reddy,
       D/o. Late Sampangirama Reddy,
       Aged about 42 years,

2.     Sri. Yogananda Reddy alias
       Yugananda Reddy,
       S/o. Late Sampangirama Reddy,
       Aged about 39 years,
                                  -2-


3.   Sri. Jagannatha Reddy,
     S/o. late Sampangi Rama Reddy,
     Aged about 37 years,

4.   Sri. Lokananda Reddy,
     S/o. Sampangirama Reddy,
     Aged about 35 years,

     R1 to R4 are R/at Kempanayakanahalli,
     Village, Bannerghatta Road,
     Bengaluru-560083.

5.   Smt. Jayamma,
     W/o. Late Sampangirama Reddy,
     Aged about 55 years,

6.   Smt. Manjula
     W/o. Sri. Narayanappa,
     Aged about 57 years,

     R5 & R6 are R/at Doddabeguru,
     Begur Village, Begur Hobli,
     Bengaluru South Taluk,
     Bengaluru.
                                                   ...Respondents

     This MFA is filed under Order 43 Rule 1(r) of CPC,
praying to set aside the order dated 15.12.2020, passed in
M.A.No.68/2020, on the file of the Principal District Judge,
Bengaluru    Rural   District,   Bengaluru   and    order   dated
16.09.2019 on I.A.Nos.I and IV in O.S.No.463/2015, on the
file of the Principal Civil Judge, Bengaluru Rural District,
Bengaluru.
                              -3-


      This MFA coming on for orders this day, the Court
delivered the following:


                           JUDGMENT

Learned counsel for the appellant has filed a memo seeking leave of this Court to convert this miscellaneous first appeal (MFA) into writ petition (WP)/Civil Revision Petition (CRP). The aforesaid memo is taken on record.

Accordingly, Registry is directed to convert this miscellaneous first appeal (MFA) into writ petition (WP) / Civil Revision Petition (CRP). Registry is also directed to permit the appellant to carry out necessary corrections for the purpose of enabling miscellaneous first appeal (MFA) to be converted into writ petition (WP) / Civil Revision Petition (CRP). -4-

Accordingly, appeal is disposed of for statistical purpose.

Sd/-

JUDGE Kmv*