Karnataka Court June 1998 Judgments

Dyamappa Durgappa Kademani Vs. Madhukar Shyamasundar Mundargi and Othe ...

Court: Karnataka

Reported in: 1998(6)KarLJ179

ORDER1. Heard the learned Counsel for the applicant.2. This revision has been filed from the order of the Educational Appellate Tribunal dated 30-3-1993 for exercise of jurisdiction under Section 115, Civil Procedure Code. The revision list has to establish the necessary ingredients of Section 115, Civil Procedure Code that the order impugned has been passed by the Civil Court subordinate to High Court and that no appeal did lie from that order to the High Court and thirdly that the order impugned suffers from jurisdictional error coming either under the categories of (a), (b) and (c) of Section 115 and if the order is allowed to stand and did not set aside, injustice would be caused and irreparable injury would be caused, in order to invoke the jurisdiction of this Court under Section 115, Civil Procedure Code. So the first ingredient that has to be decided is whether the order impugned has been passed by a Civil Court. I have already considered this matter in the case of Hungund Talu...