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Judgment
This is an appeal against the order dated December 20, 2016 passed by the Hon''ble Single Judge in W.P.No.57195 of 2016(HRC).
The application was moved under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure challenging an order dismissing the application filed under Order 7, Rule 11 (a) and (d) read with Section 151 of the Code of Civil Procedure.
This appeal is not maintainable as it has been held in Tammanna Vs. State of Karnataka and others reported in ILR 2009 KAR 1207 that no appeal would lie under Section 4 of the Karnataka High Court Act, against the order of the Hon''ble Single Judge, passed in exercise of the power conferred under Article 227 of the Constitution of India, in a matter arising out of an order made deciding an application filed before the sub-ordinate Court.
As the appeal is not maintainable, the application filed for condonation of delay in filing the appeal, is dismissed. Consequently, the writ appeal is dismissed.
In view of dismissal of the appeal, application filed for stay, also, does not survive for consideration, and is therefore, dismissed.
We make no order as to costs.