- 1 - NC: 2024:KHC:16635 WP No. 11893 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.11893 OF 2024 (GM-CPC) BETWEEN: SRI BEEREGOWDA S/O LATE RAMAIAH AGED ABOUT 62 YEARS R/AT ARALUMALLIGE VILLAGE KASABA HOBLI, DODDABALLAPURA TALUK-561203 CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI. JAGADISH J R.,ADVOCATE) AND: 1. SRI B N NAGARAJU S/O LATE NARAYANAPPA AGED ABOUT 58 YEARS R/AT ARALUMALLIGE VILLAGE KASABA HOBLI, DODDABALLAPURA TALUK 561203 CHIKKABALLAPURA DISTRICT. 2. SRI M MUNIYAPPA S/O MUNISHAMAPPA AGED ABOUT 68 YEARS R/AT YAKASHIPURA VILLAGE KASABA HOBLI, DODDABALLAPURA TALUK 561203 CHIKKABALLAPURA DISTRICT. …RESPONDENTS THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DTD 24.01.2024 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA, IN OS 999/2022 ALLOWING THE APPLICATION (IA NO. 1) FILED BY THE R-1/PLAINTIFF UNDER ORDER 39 RULE 1 AND 2 AND DISMISSING IA NO. 7 FILED UNDER ORDER 39 RULE 4 OF CPC, WHICH ORDER IS PRODUCED AS ANNEXURE-A AND CONSEQUENTLY DISMISS THE SAID IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 BY THE PLAINTIFF WHICH Digitally signed by LEELAVATHI S R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:16635 WP No. 11893 of 2024 IS PRODUCED AS ANNEXURE-E AND ALLOW THE IA NO. 7 FILED BY THE PETITIONER UNDER ORDER 39 RULE 4 OF CPC, WHICH IS PRODUCED AS ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Learned counsel for the petitioner files a memo seeking that the present Writ Petition may be converted into an appropriate Miscellaneous First Appeal (MFA). 2. The aforesaid memo is placed on record. 3. Registry is directed to convert this Writ Petition into a Miscellaneous First Appeal (MFA) and permit the learned counsel for the petitioner to carry out necessary corrections in the writ papers for the purpose of conversion of the same into a Miscellaneous First Appeal. 4. Accordingly, the writ petition is disposed of for statistical purpose. Sd/- JUDGE SV List No.: 1 Sl No.: 61