Sri Kanakaraj vs The State Of Karnataka
2022 Latest Caselaw 12172 Kant

                            1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 26TH DAY OF SEPTEMBER, 2022

                       PRESENT

             THE HON'BLE MR. ALOK ARADHE
                 ACTING CHIEF JUSTICE

                         AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

         WRIT APPEAL NO.719/2022(LB-RES)

BETWEEN:

SRI KANAKARAJ
S/O LATE SOLOMAN
AGED ABOUT 70 YEARS
R/AT NO.152, 8TH CROSS
3RD STAGE, R.S. NAIDUNAGAR
KESERE, MYSURU - 570 007.            ...APPELLANT

(BY SRI P. MAHESHA, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY TO THE
       GOVERNMENT, DEPARTMENT
       OF PANCHAYATHRAJ AND
       RURAL DEVELOPMENT
       M.S. BUILDING
       DR. AMBEDKAR VEEDHI
       BENGALURU - 560 001.

2.     TALAKADU GRAM PANCHAYATH
       TALAKADU, T. NARASIPURA
       T. NARASIPURA TALUK
       MYSURU DISTRICT - 571 122
       REP. BY ITS PANCHAYATH
       DEVELOPMENT OFFICER.
                              2

3.    THE EXECUTIVE OFFICER
      TALUK PANCHAYATH
      T. NARASIPURA
      T. NARASIPURA TALUK
      MYSURU DISTRICT -571 124.

4.    PRATHAMIKA KRUSHI PATTINA
      SAHAKARA BANK NIYAMITHA
      TALAKADU, T. NARASIPURA TALUK
      MYSURU DISTRICT - 571 122
      REP. BY ITS CHIEF EXECUTIVE
      OFFICER, SRI T.V. KUMAR
      S/O VENKATESH
      AGED ABOUT 42 YEARS.        ...RESPONDENTS

(BY SRI N.S. HIREMATH, ADV., FOR C/R-4;
 SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO R-3)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, PRAYING TO
SETTING ASIDE THE JUDGMENT PASSED BY THE
LEARNED SINGLE BENCH OF THIS HON'BLE COURT IN
WP NO.22423/2019, DATED 09/06/2022.

     THIS APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE
DELIVERED THE FOLLOWING:


                     JUDGMENT

This intra court appeal has been filed praying to

set-aside the order dated 09.06.2022 passed by the

learned Single Judge in W.P.No.22423/2019.

2. After hearing the learned counsel for the

appellant, it is clarified that the trial Court shall decide

the suit in O.S.No.102/2022 pending on the file of

learned Senior Civil Judge & JMFC, T.Narasipura, without

being influenced by the observations contained in the

order dated 09.06.2022 passed in W.P.No.22423/2019.

3. With the aforesaid clarification, the writ

appeal is disposed of.

SD/-

ACTING CHIEF JUSTICE

SD/-

JUDGE

NMS