Citation : 2022 Latest Caselaw 5594 Kant
Judgement Date : 28 March, 2022
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH 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.301 OF 2022 (GM-FC)
BETWEEN:
J. KESHAVA MURTHY
S/O JAVAREGOWDA
AGED ABOUT 44 YEARS
R/A NO.68, VASTHU LAYOUT
4TH CROSS, KUDULU
MADIWALA POST
SARJAPURA HOBLI
ANEKAL TALUK
BENGALURU-560 068
... APPELLANT
(BY SRI HANUMANTHAPPA HARAVI GOWDAR, ADVOCATE)
AND:
SMT. G.C. DEEPA
W/O J.KESHAVAMURTHY
D/O CHOWDEGOWDA
AGED ABOUT 40 YEARS
R/A NO.1340, 9TH BLOCK,
2ND STAGE, NAGARABHAVI
BANGALORE-560 072
... RESPONDENT
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER DATED 18/02/2019 PASSED BY THE HON'BLE
LEARNED SINGLE JUDGE IN WP NO.55090/2018 AND TO SET
ASIDE THE SINGLE JUDGE ORDER PASSED TO DIRECT THE
APPELLANT TO DEPOSIT THE AMOUNT WITHIN A PERIOD OF
TWO MONTHS TO THE CONCERNED DOMESTIC COURT AND ETC.
THIS APPEAL COMING ON FOR ORDERS THROUGH VIDEO
CONFERENCING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
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JUDGMENT
This intra-Court appeal has been filed challenging the
order dated 18.02.2019 passed by the learned Single Judge
in W.P.No.55090/2018.
2. Learned counsel for the appellant admits that in
view of the Full Bench judgment of this Court in the case of
Tammanna and others Vs. Miss. Renuka and others
reported in ILR 2009 KAR 1207, the Writ Appeal is not
maintainable. He makes a statement at the Bar that he
may be permitted to not press the Writ Appeal.
The Writ Appeal is accordingly dismissed as not
pressed.
Mr. Hanumanthappa B. Haravigowdar, learned
counsel for the appellant undertakes that he will pay the
deficit Court Fee during the course of the day.
SD/-
CHIEF JUSTICE
SD/-
JUDGE
BMC
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