K N Rajendra Kumar vs Sri N K Amarnath
2022 Latest Caselaw 11258 Kant

                            1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF AUGUST 2022

                      PRESENT

           THE HON'BLE MR. ALOK ARADHE
               ACTING CHIEF JUSTICE

                        AND

  THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

           W.A. NO.670 OF 2022 (GM-CPC)

BETWEEN:

K.N. RAJENDRA KUMAR
S/O SRI. KRISHNOJI RAO
AGED ABOUT 58 YEARS
NO.2909, 2ND A CROSS
2ND STAGE, 8TH MAIN
KUMARASWAMY LAYOUT
NEAR 108, VINAYAKA TEMPLE
BENGALURU 560078.
                                    ... APPELLANT
(BY MR. VENKATARAM C.R. ADV.,)

AND:

SRI. N.K. AMARNATH
S/O KRISHNOJI RAO
NO.2909, 2ND A CROSS
2ND STAGE, 8TH MAIN
KUMARASWAMY LAYOUT
NEAR 108, VINAYAKA TEMPLE
BENGALURU 560078.
                                   ... RESPONDENT
                         ---
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     THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.19410/2021 ON 23/03/2022. ISSUED DIRECTIONS TO
THE CITY CIVIL JUDGE (CCH.40) TO ADMIT THE
UNREGISTERED    NATIONALIZED   GIFT DEED    DATED
16/01/1995 FOR EVIDENCE IN OS NO.5424/2014 BY WAY
OF MARKING AS EXHIBIT FOR COLLATERAL PURPOSE.
GRANT ANY SUCH OTHER RELIEFS.

     THIS WRIT APPEAL COMING ON FOR ORDERS, THIS
DAY,    ACTING CHIEF JUSTICE     DELIVERED THE
FOLLOWING:


                   JUDGMENT

This writ appeal has been filed against the

order dated 23.03.2022 by which the learned

Single Judge in exercise of powers under

Article 227 of the Constitution of India has

dismissed the writ petition.

2. In view of the decision of five judge

and seven judge bench of this court in

GURUSHANT PATTEDAR VS. MEHBOOB

SHAHI KALBURGA MILLS AND ANOTHER',

ILR 2005 KAR 2503 and in 'TAMANNA D

BATTAL VS. M/S RENUKA REDDY AND

OTHERS', AIR 2009 KAR 119 it has been held

that an intra court appeal under Section 4 of

Karnataka High Court Act, 1961 can be filed

which arises out of an order passed under

Article 226 of the Constitution of India and not

from an order passed under Article 227 of the

Constitution of India.

Accordingly, the appeal is dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE SS