Karnataka High Court
Smt Bibijan vs Sri Subhash on 23 August, 2022
-1-
MSA No. 77 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCELLANEOUS SECOND APPEAL NO. 77 OF 2022
BETWEEN:
1. SMT. BIBIJAN
W/O LATE MAHABOOB SABI
AGED ABOUT 63 YEARS
2. SMT. AMEENA BEE
W/O LATE MAHABOOB SABI
AGED ABOUT 68 YEARS
3. SMT. SHARFUN BEE
W/O LATE MAHABOOB SABI
AGED ABOUT 68 YEARS
ALL ARE R/AT KOTAGAL VILLAGE
AMBAJIDURGA HOBLI
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT PIN-563125
THE APPELLANTS REPRESENTED BY
Digitally signed by
THROUGH THEIR GPA HOLDER
LAKSHMINARAYAN N SMT. RESHMA M W/O SRI AMEER JAN
Location: High Court
of Karnataka
...APPELLANTS
(BY SRI. C RAVIKUMAR, ADVOCATE)
AND:
1. SRI SUBHASH
S/O SRI THAYGARAJ
-2-
MSA No. 77 of 2022
AGED ABOUT 41 YEARS
2. SRI THAYGARAJ
S/O H N GOPALAGOWDA
AGED ABOUT 53 YEARS
BOTH ARE PROPRIETORS OF
GSB JELLY FACTORY AT KOTAGAL VILLAGE
AMBAJIDURGA HOBLI,
CHINTAMANI TALUK
CHIKKABALLAPUR DISTRICT-563125.
...RESPONDENTS
THIS MSA IS FILED UNDER ORDER 41 RULE 1(U) OF
CPC AGAINST THE ORDER DATED 20.07.2022 PASSED IN MA
No.11/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, CHINTHAMANI, ALLOWING THE APPEAL AND SETTING
ASIDE THE ORDER DATED 14.09.2020 PASSED ON IA No.1 IN
OS No.310/2019 ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE AND JMFC, CHINTHAMANI, ALLOWING THE APPEAL
FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
JUDGMENT
The impugned order passed in this appeal is under Order XLIII Rule 1(2) of Code of Civil Procedure against the order passed on IA No. 1 filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, dated 21.09.2020 in OS No.310 of 2019 by the Additional Civil Judge and JMFC, Chintamani. In that view of the matter, this appeal is not maintainable and accordingly, Miscellaneous second appeal is dismissed -3- MSA No. 77 of 2022 reserving liberty to the appellants to file appropriate petition / appeal.
Sd/-
JUDGE SB List No.: 1 Sl No.: 2