Karnataka High Court
Smt. Dhanalakshmi vs Sri Varun on 23 March, 2021
Author: Satish Chandra Shetty
WA 647/2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2021
PRESENT
THE HON'BLE MR.JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
W.A.No.647/2020 (GM-CPC)
BETWEEN:
1. Smt.Dhanalakshmi,
W/o Sri S.Prabhu,
Aged about 42 years,
Resident of Flat No.10,
Opp: Drum Factory,
Manjunatha Layout,
Thanisandra Main Road,
SRK Nagar Post,
Bengaluru-560 077.
2. Mr.Rajendran.C.,
S/o Sri Chandra Sekaran,
Aged about 37 years,
Resident of old No.1666-K,
New No.141, 1st Cross,
Shivaramaiah Layout,
Keshva Nagar, Kalyan Nagar Post,
Bengaluru-560 043.
3. Smt.Priyadarshini.P.,
D/o Late Perumal.C.,
Aged about 34 years,
Resident of No.7,
Krishnappa Layout,
WA 647/2020
2
Tin Factory, Dooravaninagar-Post,
Bengaluru-560 016.
4. Sri Ramesh Singh,
S/o Sri Narad Muni Singh,
Aged about 32 years,
Resident of No.3237, 7th Main,
1st Cross, Nagamma Layout,
Kaval Byrasandra,
Bengaluru-560 032.
5. Sri Nagendra Pratap Singh,
S/o Sri Rampati Singh,
Aged about 42 years,
Resident of 7th Main Road,
2nd Cross, Manjunatha Traders,
Kaval Byrasandra,
Bengaluru-560 032.
6. Sri Birendr Singh,
S/o Sri Shree Ram Briksh Singh,
Aged about 43 years,
R/at No.3237, 7th Main,
1st Cross, Nagamma Layout,
Kaval Byrasandra,
Bengaluru-560 032.
7. Mr.Rajesh.M.V.,
S/o Late Venkataiah,
Aged about 45 years,
Resident of No.368/9/1,
House No.2, H.Yellappa-
Reddy Building, 2nd Main,
5th Cross, K.N.Extension,
Yeshwanthpur,
Bengaluru-560 022.
8. Mr.B.S.Dinesh,
S/o Late A.K.Sathyanarayana,
Aged about 43 years,
Resident of No.130,
WA 647/2020
3
Skanda Nilaya, 7th Cross,
4th Main, Thimmenahalli,
Govindraj Nagar, Vijayanagar,
Bengaluru-560 040.
9. Mr.B.N.Bramha Kumar,
S/o R.Nagarajachary,
Aged about 42 years,
Resident of No.3263/74,
4th Cross, 'C' Block,
Gayathrinagar,
Bengaluru-560 021.
10. Mr.Siva Kumar.S.Y.,
S/o Mr.S.Yogalingam,
Aged about 42 years,
Resident of No.5/1,
4th Cross, Prem Nivas Road,
Behind Ganesh Temple,
Kammanahalli Main Road,
Bengaluru-560 084.
11. Mr.Vasantappa,
S/o Late Hedde Kempappa,
Aged about 40 years,
Resident of FA-568,
L.B.Shashtrinagar,
Vimanapura Post,
Bengaluru-560 017.
12. Mr.K.Surendran Babu,
S/o Late M.S.D.Kumar,
Aged about 49 years,
R/at No.31, 'God's Grace',
4th 'D' Cross, B.Channasandra
Post, Kasturinagar,
Bengaluru-560 043.
13. Mr.Vishnu Singh,
S/o Sri Ram Bachan Singh,
Aged about 32 years,
WA 647/2020
4
Resident of 108, Karveshnalli,
Pantur Road, Varthur,
Bengaluru-560 087.
14. Mr.Anil Kumar.J.,
S/o Late Shamanna.J.,
Aged about 35 years,
Resident of Nagar & Post,
Hosanagar Taluk,
Shimoga District-577 425. ... APPELLANTS
(By Sri Ambrish.K.L., Adv. for
Sri Basavaraju.P., Adv.)
AND:
1. Sri Varun,
S/o Murthy,
Aged about 35 years.
2. Sri Murthy,
S/o Ramaiah,
Aged about 66 years
The Respondent No.1 & 2
Are R/at Bidarahalli Village,
Virgonagar Post,
Bengaluru-560 049.
3. Smt.Umashanakari,
W/o Late Doreswamy,
Aged about 71 years,
Resident of No.230, 5th Cross,
Domlur Layout,
Bengaluru-560 071.
4. Sri Chandran,
S/o Late M.N.Jayaraman,
Aged about 53 years,
Resident of No.316, 5th Cross,
3rd Block, HRBR Layout,
WA 647/2020
Kalyan Nagar Post,
Bengaluru-560 043.
5. Sri Appaiah,
S/o Late Munidasiga @
Chikkamunidasiga,
Aged about 82 years,
Resident of No.70,
Nadagowda Gollahalli,
Bidarahalli Hobli, Hosakote Taluk,
Bengaluru-562 149.
6. Mrs. Rani.M.,
W/o. Late R. S. Mohan,
Aged about 39 years,
Resident of No. 14,
9th Cross, Oil Mill Road,
Aravind Nagar, Lingarajapuram,
Bengaluru-560 084.
7. Smt. Dhanalakshmi,
W/o. Sri Kannan,
Aged about 47 years,
Resident of No.6,
Gangman Quarters,
Murphy town, Ulsoor,
Bengaluru-560 008.
8. Ms. Priyanka.P.,
D/o Late Perumal.C.,
Aged about 28 years,
Resident of No. 7,
Krishnappa Layout, Tin Factory,
Dooravaninagar post,
Bengaluru-560 016.
9. Sri. Suryabhan Mourya
S/o. Sri Gulab Mourya,
Aged about 41 years,
Resident of No. 57,
Siddartha Layout,
WA 647/2020
Kaval Byrasandra,
R.T. Nagar Post,
Bengaluru-560 032.
10 . Sri Jairaj S.M.A.,
S/o. Sri. A. Selvaraj (late),
Aged about 46 years,
Resident of No. 16,
Goshen Villa, 3rd Main Road,
Mattadhalli, R.T. Nagar Post,
Bengaluru-560 032.
11 . Mrs. J. Mary Theresa,
W/o. Mr. Jairaj S.M.A.,
Aged about 41 years,
Resident of No. 16,
Goshen Villa, 3rd Main Road,
Mattadha Halli, R.T. Nagar post,
Bengaluru-560 032.
12 . Mr. A. B. Kiran,
S/o Ashwatha Narayan,
Aged about 40 years,
Resident of No.116,
Lakshmi Nivas, 3rd 'B' Cross,
Lakshmipura, Devasandra Extension,
Krishnarajapura,
Bengaluru-560 036.
13 . Mr. S. Kannan,
S/o. Mr. Siddalingam,
aged about 39 years,
Resident of No.25/5, 3rd cross,
Lingaiahnapalya, Halasuru,
Bangalore-560 008.
14 . Sri. M. Angappan,
S/o Sri Muniappan,
Aged about 43 years,
WA 647/2020
Resident of No.149,
Linganapathi Village,
Kopakari post,
Deginikotti Taluk, Krishnagiri District.
15 . Sri Hitendra Joshi,
S/o Sri. Madanlal Joshi,
Aged about 33 years,
Resident of No. 12, 1st floor,
15th Cross, Cubbonpet,
Bengaluru-560 002.
16 . Mr. Sundara Velu,
S/o. Late Sri Chinnakulndppa,
Aged about 50 years,
Resident of No.250,
Sadashiva Muduliar Road,
4th Square, Murphy Town,
Bengaluru-560 008. ...RESPONDENTS
This writ appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the order
dated 18.03.2020 in W.P.No.39169/2019 (GM-CPC) passed
by the Hon'ble single Judge of this Hon'ble Court and by
allowing this appeal may be pleased to allow the writ petition
filed by the appellants as prayed for, etc.
This appeal coming on for Orders, this day, Satish
Chandra Sharma J., delivered the following:
JUDGMENT
1. The present writ appeal is arising out of the order dated
18.03.2020 passed by the learned Single Judge in
WA 647/2020
W.P.No.39169/2019 (Smt. Dhanalakshmi & others Vs Sri
Varun & others) in exercise of the powers conferred under
Article 227 of the Constitution of India.
2. Before the learned Single Judge, order dated
28.03.2019 passed by the Trial Court was under challenge
and the learned Single Judge has dismissed the writ petition
holding that no case is made out for interference with the
order dated 28.03.2019 passed by the Trial Court.
3. The Full Bench of this Court in the case of TAMMANNA
& OTHERS VS MISS. RENUKA & OTHERS - ILR 2009 KAR
1207, has held in paragraph 13 as under:
"13. In fine, the core issue under
reference, viz.,
Whether an appeal from the
Judgment, decree or order passed by the
Single Judge in exercise of the power
conferred under Article 227 of the
Constitution of India, which arises
against any order made deciding an
issue, passed by any Court subordinate
to the High Court, in the course of a suit
or other proceeding not finally disposed
WA 647/2020
of, and is governed by Section 8 of the
Karnataka High Court Act, 1961 and
attracted by Section 115 and Section
100A of the Code of Civil Procedure, shall
lie to and be heard by a Bench consisting
of two other Judges of the High Court
under Section 4 of the said Act in view of
Sections 9(xii) and 10(iv-a) of the said
Act read with Rules 2(1), 26 and 39 of
the Writ Proceedings Rules, 1977 of the
Karnataka High Court, and Article 11(sa)
to Schedule II to the Karnataka Court
Fees and Suits Valuation Act, 1958?
is answered in negative."
4. In the light of the aforesaid decision, the present writ
appeal is not at all maintainable and the same stands
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
KK
