(1.) 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 of a suit or other proceeding not finally disposed of, and is governed by Section 8 of the Karnataka High Court Act, 1961 and 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.) THE genesis of the question under reference to this Larger Bench is traced as hereunder:
(3.) AMONG other amendments proposed in the CPC, the Parliament, by CPC (Amendment) Act 104 of 1976, proposed to bring an amendment inserting Section 100a and amending Section 115 CPC.
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