Sri.K.Anandarama, learned counsel for petitioners and Sri.B.V.Krishna, learned counsel for respondent, have appeared in-person.
2. Counsel for the petitioner has filed a memo seeking permission of this Court to convert the Civil Revision Petition in to Regular First Appeal. He submits that in view of the decision reported in ILR 2004 KAR 655, the appeal under Section 96 of CPC is maintainable and not a revision petition under Section 115 of the CPC.
3. Memo is placed on record. I have perused the contents of the memo with care.
4. The Civil Revision Petition is filed challenging the order dated 20.06.2013 in FDP No.11/2007 passed by the Principal Senior Civil Judge, Mangalore.
5. As could be seen from the order of the trial Court, while dismissing the Interlocutory applications, allowed the FDP and the preliminary decree passed in O.S.No.56/1995 is modified. Therefore, in view of the decision reported in ILR 2004 KAR 655, an appeal under Section 96 of CPC is maintainable and not a Civil Revision Petition under Section 115 of the CPC. Accordingly, the petitioner is permitted to convert this Civil Revision Petition in to Regular First Appeal. For statistical purpose, Civil Revision Petition is disposed off. Sd/- JUDGE
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