Sri Thimmayya K M v. Sri Aashica Amrith M
Case brief
What is this about?
High Court of Karnataka at Bengaluru (R. Nataraj J.), order dated 23-04-2026 in REGULAR FIRST APPEAL NO. 862 OF 2026 (PAR), Thimmayya K M v. Aashica Amrith M. Appellant challenged judgment and decree dated 06.12.2025 of the VI Additional Principal Judge, Family Court, Bangalore in O.S.No.305/2017 decreeing partition and separate possession. Office objected that an RFA under Section 96 CPC is not maintainable given the appeal remedy under Section 19 of the Family Courts Act, 1984; counsel conceded; objection upheld; Registry directed to convert the matter into a Miscellaneous First Appeal and the appeal was treated as closed for statistical purposes. No merits decided; no cases cited; no quantum involved.
What did the court decide?
Appeal held not maintainable; Registry directed to convert the Regular First Appeal into a Miscellaneous First Appeal; appellant's counsel directed to make appropriate corrections to conform to the MFA format; for statistical purposes the appeal is treated as closed.