1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 21^ST DAY OF DECEMBER, 2018

BEFORE

THE HON’BLE MR. JUSTICE P.G.M.PATIL

MFA NO.201652/2016 (CPC)

BETWEEN:

Omprakash S/o Late Pandurangrao More (Arya)

Aged about 66 years, Occ: Agriculture & Advocacy,

R/o Village Mehkar, Taluk: Bhalki,

Dist: Bidar.

... Appellant

(By Sri, Ameet Kumar Deshpande, Advocate)

AND:

1.

Sathya Kumar S/o Late Pandurangrao Arya,

Aged Major, Occ: Agriculture,

R/o Village Mehkar, Taluk: Bhalki,

Dist. Bidar-585401.

2.

Vivek S/o Late Vijayprakash Arya,

Aged about 32 years,

Occ: Agriculture & Private Service,

R/o Village Mehakar,

Now residing at H.No.6, Gummaddi,

Rayareddy Colony, Resllabazar,

(In Bolaram Bazar)

Secunderabad-500 010.

3.

Purushottam S/o Late Pandurangrao Arya,

Aged about 56 years, Occ: Agriculture & Service,

R/o Mehkar, Taluk: Bhalki,

Dist: Bidar-585 401.

... Respondents

(By Sri. Namdev R.S, Advocate for R1 & R2;

Notice to R3 served)

2

This MFA filed under Order 43 Rule 1(S) of Code of

Civil Procedure, 1908, praying to allow this appeal and set

aside the order dated 27.08.2016 passed on I.A.No.2 filed by

the

appellant

under

Order

40

Rule

1

of

CPC

in

O.S.No.44/2014 on the