Sri Tulasidas R C vs Smt Sulochana
2022 Latest Caselaw 3944 Kant

                            -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF MARCH, 2022

                          PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                           AND

   THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

        WRIT APPEAL NO.114 OF 2022 (GM-CPC)

BETWEEN:
SRI TULASIDAS R.C.
SON OF LATE CHIKKARANGAIAH
AGED ABOUT 66 YEARS,
RESIDING AT NO.344
3RD STAGE, 16TH CROSS
VIJAYANAGAR
MYSURU.
                                           ... APPELLANT
(BY SRI SWAMY N.B.N., ADVOCATE)


AND:
SMT. SULOCHANA
WIFE OF P.K. RAMA REDDY
AGED ABOUT 59 YEARS,
RESIDING AT NO.104/L
5TH MAIN, "N" BLOCK
KUVEMPUNAGAR
MYSURU - 23.
                                         ... RESPONDENT
                            ---

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER PASSED ON 13/12/2021 IN W.P. NO.47611/2018 BY
THE LEARNED SINGLE JUDGE RESTRICTING IN SO FAR AS IT
REJECTED AND ETC.

       THIS   APPEAL COMING ON    FOR ORDERS   THIS   DAY,
S.R.KRISHNA KUMAR J. DELIVERED THE FOLLOWING:
                                     -2-




                              JUDGMENT

This intra-Court appeal is directed against the

impugned order dated 13.12.2021 in Writ Petition

No.47611/2018 passed by the learned Single Judge

whereby, the said petition filed by the appellant-petitioner

was partly allowed.

2. The Registry has raised an objection regarding

the maintainability of this intra-Court appeal. The issue with

regard to the maintainability of the appeal is considered by

the Full Bench in the case of TAMMANNA AND OTHERS

vs. MISS RENUKA AND OTHERS1 wherein at paragraph

14, it is held as under:-

"14. As a result no appeal would lie under Section 4 of the Karnataka High Court Act against the order of the Single Judge passed in exercise of the power conferred under Article 227 of the Constitution of India in the matter arising against an order made deciding an issue, passed by the Court subordinate to the High Court, in the course of a suit or other proceedings not finally disposed of, which is attracted by Section 115 CPC and is governed under Section 8 of the Karnataka High Court Act; and in all others matters which are not attracted by Section 115 CPC and not governed under Section 8 of the Act, an appeal would lie under Section 10(iv-a) against the order passed under Section

ILR 2009 KAR 1207

9(xii) of the Karnataka High Court Act read with Article 226 and 227 of the Constitution of India and Rules 2(1), 26 and 39 of the Writ Proceedings Rules as well as Article 11(sa) to Schedule II to the Karnataka Court Fees and Suits Valuation Act, 1958?"

3. We are of the view that the present appeal is

fully covered by the law laid down by the Full Bench in

TAMMANNA's case (supra). This intra-Court appeal is not

maintainable and it is dismissed.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS