CAV JUDGMENT

Challenging dismissal of his application under Order XXI Rule 58, 101 read with Section 151 of CPC, the third party applicant/objector in Ex.No.45/2019 on the file of the Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru has preferred this appeal.

The appellant is the great grandson of one Muniswamappa. For better appreciation of facts of the case, the pedigree of B.M.Muniswamappa is extracted as follows:

3. For the better appreciation, the dates and events of the case are set out as follows:

4. Out of the above order appellant has challenged only the order on IA No.3. The Trial Court rejected IA No.3 on the following grounds:

v) The judgment in W.P.No.37547/2009 directing to pass the award in favour of decree holder and to pay compensation to her has attained finality. Allowing IA No.3 amounts to modification of the said order invoking Order XXI Rule 58 of CPC. The same is impermissible.

vi) Objector neither challenged notification dat