IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.1582 OF 2018 (GM-CPC) BETWEEN:
G. B. GANGARAJU SON OF LATE BYRAPPA AGED ABOUT 60 YEARS RESIDING AT GEJJAGANAHALLI VILLAGE DASANAPURA HOBLI BENGALURU NORTH.
... APPELLANT (BY SRI.B.H. KEMPEGOWDA, ADVOCATE - ABSENT) AND:
1. CHIKKA BYRAPPA SON OF LATE BYRAPPA AGED ABOUT 56 YEARS.
2. SIDDAPPA SON OF G. C. HANUMAIAH AGED ABOUT 50 YEARS.
RESPONDENT NOS.1 AND 2 ARE REISIDING AT GEJJAGADAHALLI VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK. ... RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 04/01/2018 IN WP NO.13187 OF 2016 PASSED BY THE LEARNED SINGLE JUDGE AND THEREBY ALLOW THE WRIT PETITION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT , None appears for the appellant today. Even on the previous date, there is no representation for the appellant.
2. Office objection is regarding maintainability of this appeal. The order under challenge in writ petition No.13187 of 2016 is an interlocutory order dated 27.01.2016 passed on I.A.No.5 filed under Order VI Rule 17 of the Code of Civil Procedure in O.S.No.118 of 2006.
Therefore, a writ appeal is not maintainable. Office objections are upheld. Accordingly, the writ appeal is dismissed.
Sd/- Sd/-
JUDGE JUDGE NG* CT:KHV