M. Sankaranarayanan v. Deputy Commissioner

ORDER

The petitioner who is appellant in Appeal No. 690/2005 on the file of the Karnataka Appellate Tribunal at Bangalore, is before this Court under S. 24 of CPC praying to withdraw the appeal in No. 690/2005 pending on the file of the Karnataka Appellate Tribunal (in short ‘the KAT’) at Bangalore and dispose of the same along with Writ Appeal No. 643/2009 pending on the file of this Court.

2. Learned counsel for the petitioner submits that the petitioner has filed appeal before the KAT against the Deputy Commissioner and State of Karnataka challenging the Order dated 7-6-2005. She further submits that the State of Karnataka and Deputy Commissioner, Bangalore District, have filed writ appeal in No. 643/2009 challenging the order of learned single Judge dated 5-2-2009 made in Writ Petition No. 16794/2005 and that writ petition was filed by Respondents 5 to 7 herein. According to the petitioner, the petitioner is the absolute owner in possession and enjoyment of the property bearing Municipal No. 1.D (1/4), Palace Road, Bangalore, as a bonafide purchaser for valuable consideration under a registered Sale deed dated 12-12-1973 and the katha in respect of the suit schedule property stands in the name of the appellant since 1973 and paying property tax. Therefore, she prays that the appeal in No. 690/2005 on the file of KAT may be withdrawn to hear the same along with Writ Appeal No. 643/2009 pending on the file of the Division Bench of this Court.

3. The appeal pending before the KAT, which is the Statutory Authority, has to be decided by itself. The appeal cannot be clubbed with the writ petition or writ appeal as the case may be. The prayer of the petitioner to withdraw the appeal pending before the KAT and dispose of the same along with Writ Appeal No. 643/2009 pending on the file of this Court, cannot be allowed. The petitioner can take such course of remedy available in the writ appeal if he has any good ground. In my considered opinion, there is no prima facie case made out for withdrawing the appeal pending before the KAT and try the same along with Writ Appeal No. 643/2009 pending on the file of this Court.

4. In the result, the petition fails and the same is hereby dismissed.