Karnataka High Court
WA/1228/2024 of M/S ANU BUILDERS AND DEVELOPERS Vs VASATHI AVANTE APARTMENT OWNER WELFARE ASSOCIATION (R) on 1 October 2026
CNR: KAHC010465392024 NC: 2026:KHC:54764-DB WA No.1228 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR WRIT APPEAL NO.1228 OF 2024 (GM-CPC) BETWEEN: 1.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
WRIT APPEAL NO.1228 OF 2024 (GM-CPC)
BETWEEN:
1.
M/S. ANU BUILDERS AND DEVELOPERS
A PARTNERSHIP FIRM
HAVING ITS OFFICE AT,
NO.119, 4TH CROSS,
MALLAPPA LAYOUT, KALYANANAGAR,
BANGALORE-560043.
REP. BY ITS MANAGING PARTNER,
SRI. M. VENKATARAM S/O SRI K. MUNIYAPPA, AGED ABOUT 57 YEARS, R/O NO.83/1, MALLAPPA LAYOUT, BABUSAPALYA POST, KALYAN NAGAR, BANGALORE-560043.
…APPELLANT
(BY SRI. ADINARAYANAPPA., ADVOCATE)
AND:
1.
VASATHI AVANTE APARTMENT OWNERS
WELFARE ASSOCIATION ®
Digitally
signed by
RAKSHA
Location:
high court
of karnataka
HC-KAR
(REGISTERED UNDER THE KARNATAKA SOCIETIES
REGISTRATION ACT, 1960),
R/O SY. NO.84-1,
VASATHI AVANTE APARTMENTS,
RACHENAHALLI, SRK NAGARA POST,
THANISANDRA,
BANGALORE-560077.
REPT. ITS PRESIDENT,
SRI. AMARESH MAREKAR.
2.
BACHPAN KINDERLAA DAYCARE AND ACTIVITY
CENTRE,
R/O SY. NO.84-1,
VASATHI AVANTE APARTMENTS, RACHENAHALLI, SRK NAGARA POST, THANISANDRA, BANGALORE-560077.
REP. BY ITS RSVP.
MRS. DEEPA MANJUNATH.
…RESPONDENTS
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR
RECORDS ON THE FILE OF SINGLE JUDGE OF THIS HON'BLE
COURT IN W.P. NO.11215/2024 (GM-CPC) AND AFTER
PERUSING THE RECORDS SET ASIDE THE IMPUGNED ORDER
DATED: 21/06/2024, PASSED IN W.P. NO.11215/2024 (GM- CPC) PASSED BY THE SINGLE JUDGE OF THIS HON'BLE COURT
AND TO ALLOW THIS WRIT APPEAL AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
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ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
1. Heard learned counsel appearing for the appellant.
2. We notice that this appeal is preferred against the judgment of the learned Single Judge of this Court in W.P.No.11215/2024. The prayer in the writ petition was as follows; "To issue a Writ of certiorari or any other suitable writ setting aside the order I.A.No.1 dated 27.03.2024 in O.S.2230/2024 in the court of the Hon'ble XX Additional City Civil and Sessions Judge, Bengaluru (CCH-32) at Annexure-A, ETC."
3. It is clear that the appeal is attempted against an order passed by the learned Single Judge in the Writ Petition (GM-CPC). It is quite obvious that the consideration was in the matter where the power exercised
HC-KAR
by this Court was under Article 227 of the Constitution of India and specifically in a matter which was pending before the Civil Court. The decision of the larger Bench of this Court in the case of Tammanna & others Vs. Miss.Renuka & others reported in 2009 SCC OnLine Kar 123 clearly held that a writ appeal under Section 4 of the Karnataka High Court Act, 1961 would not lie as against the exercise of jurisdiction in GM-CPC matter under Article 227 of the Constitution of India.
4. We are of the opinion that this appeal is not maintainable and the same is accordingly dismissed.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (K.S.BHARATH KUMAR) JUDGE
GH : List No.: 1 Sl No.: 31