SANGANBHAT Vs. VASUDEV

JUDGEMENT

(1.) This is an -appeal purported to be one tinder Section 4 of the Karnataka High Court Act, 1961 (Against Judgment of Jagannatha Shetty I in C. P. No. 81 of 1975 D/- 31-7-1975). (hereinafter called the Act). It is directed against the Order dated 31-7-1975 made by Jagannatha Shetty, J., in C. P. No. 81 of 1975 dismissing the appellant's petition for withdrawal of Regular Appeal No. 97 of 1971 pending on t the file of the Court of Civil Judge, Bijapur to this Court, to be heard and disposed of with Regular Second Appeal No. 1486 of 1973.

(2.) The office raised an objection regarding the in maintain ability of this appeal tinder Section 4 of the Act. When the objection came up for orders before the Admission Court, it was directed that the objection should be beard at the time of the disposal of the appeal. Accordingly, the appeal was registered as Original Side Appeal No. 10 of 1975, and this is how this matter has come up for hearing before us.

(3.) At the every outset, we asked Sri K. S. Savanur as to how the order made under Section 24 of the Code of Civil Procedure is appealable under Section 4 of the Act. Section 4 of the Act reads: