Sri. Nagabhushanaradhya vs Smt. Akshatha Nagabhushanradhya
2022 Latest Caselaw 11880 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 15TH DAY OF SEPTEMBER 2022

                      PRESENT

           THE HON'BLE MR. ALOK ARADHE
               ACTING CHIEF JUSTICE

                        AND

  THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

            W.A. NO.812 OF 2022 (GM-FC)

BETWEEN:

SRI. NAGABHUSHANARADHYA
S/O GURUSIDDAPPA AARADYA
AGED ABOUT 45 YEARS
R/AT NANDISHWARA NILAYA
HENNUR, BAGLUR MAIN ROAD
NEAR ANJANEYA TEMPLE
BYRATHI, KOTHANUR
BANGALORE-560077.
                                         ... APPELLANT
(BY MR. SIDDHARTH B. MUCHANDI, ADV.,)

AND:

SMT. AKSHATHA NAGABHUSHANARADHYA
D/O LATE KANTHARADHYA
W/O NAGABHUSHANARADHYA
AGED ABOUT 32 YEARS
R/AT NANDISHWARA NILAYA
HENNUR, BAGLUR MAIN ROAD
NEAR ANJANEYA TEMPLE
BYRATHI, KOTHANUR
BANGALORE 560077.
                                        ... RESPONDENT
                        ---
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       THIS    WRIT   APPEAL    IS    FILED   U/S   4   OF   THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 29.06.2022 PASSED BY THE LEARNED
SINGLE JUDGE IN WP No.9909/2021 (GM-FC) AND ALLOW
THE SAID WRIT PETITION, GRANT SUCH OTHER RELIEFS
THAT THIS HONBLE COURT DEEMS FIT IN THE FACTS AND
CIRCUMSTANCES AND IN THE INTEREST OF JUSTICE AND
EQUITY.

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


                            JUDGMENT

This intra court appeal arises from the order

dated 29.02.2022 passed by learned Single Judge in

exercise of powers under Article 227 of the

Constitution of India.

2. A seven Judge bench of this court in

TAMANNA AND OTHERS VS. MISS RENUKA AND

OTHERS', ILR 2009 KAR 1207 held that intra court

appeal does not lie against an order under Article 227

of the Constitution of India. The appeal is therefore,

dismissed as not maintainable.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

SS