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2009 Supreme(Kar) 181

A.N.VENUGOPALA GOWDA, P.D.DINAKARAN, S.R.BANNURMATH, V.GOPALA GOWDA, V.G.SABHAHIT, K.L.MANJUNATH, A.S.BOPANNA
Tammanna – Appellant
Versus
Renuka – Respondent


Advocates appeared:
For the Appearing Parties:S.P. Shankar, Senior Advocate, Mamta G. Kulkarni, V. Lakshminarayana, Senior Advocate, Nagaiah, K.G. Sateesha, Narendra Gowda, C.N. Kamath, G.A. Viswanatha Reddy, M/s Jayakumar, S. Patil Associates, M/s S.Z. Khureshi. Associates, K. Irshad Ahmed, G. Balakrishna Shastry, R.G. Hegde, M/s Lexplexus, Mahesh Wodeyar, B.A. Vani, Advocate, L. Govindraj, K. Chandranath Ariga, Advocates.

Judgment :-

Dinakaran, CJ.

I. The Core Issue

Whether an appeal from the judgment, decree or order passed by the Single Judge in exercise of the power conferred under Article 227 of the Constitution of India, which arises against any order made deciding an issue, passed by any Court subordinate to the High Court, in the course o f a suit or other proceeding not finally disposed of, and is governed by Section 8 of the Karnataka High Court Act, 1961 and 32 attracted by Section 115 and Section 100A of the Code of Civil Procedure, shall lie to and be heard by a Bench consisting of two other Judges of the High Court under Section 4 of the said Act in view of Sections 9 (xii) and 10(iv-a) of the said Act read with Rules 2(1), 26 and 39 of the Writ Proceedings Rules, 1977 of the Karnataka High Court, and Article 11(sa) to Schedule II to the Karnataka Court Fees and Suits Valuation Act, 1958?

II-Why the Larger Bench:

2.1 The genesis of the question under reference to this Larger Bench is traced as hereunder:

2.2 The Karnataka High Court Act, 1961, originally called as the "Mysore High Court Act, 1961" was enacted by the State of Karnataka to make provision for regulating the business and the



































































































































































































































































































































































































































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