Karnataka High Court
Sri Gopal Krishna Shetty vs Smt Nagarathana on 3 September, 2019
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
MISCELLANEOUS FIRST APPEAL No.2728 OF 2019
(GM-CPC)
BETWEEN
Sri. Gopal Krishna Shetty
Aged 73 years,
S/o. Late Srinivasa Shetty
R/at M.G.Road,
Chikmagaluru-577101.
...Appellant
(By Sri. C.N.Kamath, Advocate)
AND
1. Smt. Nagarathana,
Major,
W/o. Sri. D.N.Nagaraj,
D/o. Sri. Mallappa.
2. Smt. C.N.Leelavathi,
Major,
D/o. Sri. Mallappa,
3. Smt. C.M.Shobhamani,
Major,
W/o. Paramesh
D/o. Sri. Mallappa,
4. Smt. Bharathi,
Major,
D/o. Sri. Mallappa,
2
5. Smt. C.M.Poonima,
Major,
D/o. Sri Mallappa,
6. Sri. Mallappa,
Major
S/o. Sri. Channabassappa,
7. Sri. Nandeesha C H.,
Aged 43 years,
S/o. Sri. Mallappa,
All R/at Shetty Street
Chickmagaluru
...Respondents
This MFA is filed under Order 43 Rule 1(c) and Section
104 of the Code of Civil Procedure, praying to set aside the
order of the trial court passed by the court of the Principal
Senior Civil Judge at Chikmagalur made under date
02.01.2018 made in the Mis.P.No.3/2017 and etc.
This MFA coming on for orders, this day, the Court
made the following :
ORDER
The appellant's counsel has filed a memo seeking conversion of this appeal into civil revision petition. The impugned order shows that application filed by the appellant under Section 5 of the Limitation Act along with the petition 3 under Order 9 Rule 9 CPC has stood dismissed. Consequentially the petition under Order 9 Rule 9 was also dismissed. Virtually the order challenged in this MFA is order passed on application under Section 5 of the Limitation Act. Therefore revision petition is maintainable and not an appeal. Accordingly Registry is directed to convert this appeal into civil revision petition.
SD/-
JUDGE sd