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Karnataka High Court

The General Manager(Operations) vs Sri Eranna on 21 February, 2014

Bench: K.L.Manjunath, Ashok B Hinchigeri

     IN THE HIGH COURT OF KARNATAKA AT
                 BANGALORE
        DATED THIS THE 21ST DAY OF FEBRUARY, 2014

                           PRESENT

         THE HON'BLE MR JUSTICE K L MANJUNATH
                             AND
       THE HON'BLE MR JUSTICE ASHOK B HINCHIGERI

               Review Petition No. 973 of 2013
                               In
              Writ Appeal No. 1256 of 2006 (L-Ter)

BETWEEN:

1.     THE GENERAL MANAGER
       (OPERATIONS)
       DEPARTMENT OF TELECOM
       GANDHINAGAR
       BANGALORE - 560 009

2.     THE TELECOM DISTRICT ENGINEER
       DEPT. OF TELECOMMUNICATIONS
       BIDAR

       BOTH REP. BY DEPUTY GENERAL
       MANAGER (STAFF)
       O/O CHIEF GENERAL MANAGER
       KARNATAKA TELECOM CIRCLE
       BANGALORE - 560 008                ...     PETITIONERS

                  [By Sri Y Hariprasad, Adv.]

AND:

1.     SRI ERANNA
       S/O JAWARAPPA
       MAJOR
                           2

2.    SRI YOUSUF MIYAM
      S/O ISMAIL SAB
      MAJOR

3.    SRI JAGANATH
      S/O BASAYYA
      MAJOR

4.    SHRI SHABULINGA
      S/O BANDAPPA
      MAJOR

5.    SRI BASAYYA
      S/O GUNDAYYA
      MAJOR

6.    SRI RAMESH
      S/O GANAPATHI
      MAJOR

7.    SRI SHAMBULINGA
      S/O MALAYYA
      MAJOR

8.    SRI TUKARAM
      S/O ZHAARAPPA
      MAJOR

9.    SRI MALLIKARJUNA
      S/O SANGAPPA
      MAJOR

10.   SRI NARENDRA
      S/O NAMAPPA
      MAJOR

      ALL ARE GIVEN COMMON ADDRESS:
      C/O SHRI SANGRAM
      ADVOCATE.
      HOUSING COLONY
      BIDAR DISTRICT
      POST - 585 401
      KARNATAKA STATE                 ...   RESPONDENTS
                             3

     THIS PETITION IS FILED UNDER ORDER 47 RULE 1 & 2 OF
CODE OF CIVIL PROCEDURE, PRAYING TO REVIEW THE ORDER
DATED 24.01.2007 PASSED IN W.A. NO. 1256/2006, ON THE FILE
OF THIS COURT AND ETC.,

     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
MANJUNATH, J., MADE THE FOLLOWING:


                      ORDER

This petition is filed to view the judgment dated 24-1- 2007 passed in WA No 1256 of 2006, wherein the appeal filed by the review petitioner came to be dismissed as not maintainable, relying upon the judgment passed in GURUSHANTH PATTEDAR vs MAHABOOB SHAHI KALBURGA MILLS [ILR 2005 KAR 2503].

2. Now, the present petition is filed on the ground that a Special Bench of this Court in TAMMANNA D BATTAL vs RENUKA R REDDY [AIR 2009 KAR 119] has ruled that an intra-court appeal under Article 227 of Constitution of India is maintainable, other than a case arising out of an interlocutory order passed in a pending suit. 4

3. Subsequent to the judgment passed by the Division Bench in this matter, if the law is changed, the same cannot be a ground to entertain a review petition. In the circumstance, we do not see any reason to entertain the present review petition. Accordingly, this review petition is rejected.

Sd/-

JUDGE Sd/-

JUDGE *pjk