Karnataka High Court
Sri. Prakash Chand Jain, vs Smt. Ankitha Jain on 23 June, 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE 2020
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CIVIL REVISION PETITION No.108 OF 2020
BETWEEN
Sri. Prakash Chand Jain,
Aged 58 years,
S/o. Late Jethmal Jain,
No.26, Flat No.101-102,
Shanti Opal, 7th B Main,
Jayanagar 4th Block,
Bengaluru-560011.
...Petitioner
(By Sri. Shashikiran Shetty, Senior Advocate for
Smt. Latha S. Shetty, Advocate)
AND
1. Smt. Ankitha Jain
Aged about 31 years,
W/o. Kumarpal J Jain,
No.950/1, Sherkhangali,
Nagarathpet Cross,
Bengaluru-560002.
2. The Special Land Acquisition Officer,
Karnataka Industrial Area Development Board,
(Metro Rail Project)
Nrupathunga Road,
Bengaluru-560001.
...Respondents
2
This Civil Revision Petition is filed under Section 115
of CPC against the order on I.A. dated 18.01.2020 passed
on I.A.No.1 in O.S.No.7733/2018 on the file of the XXXV
Additional City Civil and Sessions Judge, Bengaluru(CCH-
36) allowing I.A.No.1 filed under Order 38 Rule 5 of CPC.
This Civil Revision Petition coming on for admission
this day through video conferencing, the Court made the
following :
ORDER
This Civil Revision Petition is filed challenging the order passed by the trial Court on IA No.1 under Order 38 Rule 5 CPC.
2. The trial Court allowed the said application by attaching the proportionate share of defendant No.1 to the extent of 12.5%. Whenever an application for attachment before judgment under Order 38 Rule 5 CPC is filed, any order that the Court passes on that application amounts to an order passed under Rule 6 of Order 38 CPC. It is appealable according to Order 43 Rule 1(q) CPC. Civil Revision Petition is therefore not maintainable. 3
Learned Counsel for the petitioner submits that the Civil Revision Petition may be converted into Miscellaneous First Appeal. Therefore Registry is directed to convert this CRP into MFA.
Sd/-
JUDGE Kmv*