Disposed

Sri C N Srinivasa Kumar v. Smt. Preethi Balaji

Karnataka HC30 Nov 2021WP/9024/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka, on preliminary hearing, dismissed the writ petition impugning an order by the Family Court. The Court directed the Family Court to consider the disputed application for recasting issues under CPC after hearing both parties.

What did the court decide?

Petition disposed of; Family Court directed to consider application for recasting issues under CPC after hearing both parties.

Sri C N Srinivasa Kumar Vs Smt. Preethi… — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF NOVEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.9024/2021 (GM-CPC)

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BETWEEN :

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SRI C N SRINIVASA KUMAR S/O LATE SRI.C.NARAYANA SETTY AGED 82 YEARS, R/AT NO.514, 15^TH MAIN, 6^TH CROSS, SARASWATHIPURAM, MYSORE – 570 009.

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SMT.S.LATHA SRI.C.N.SRINIVASA KUMAR AGED 73 YEARS, R/AT NO.514, 15^TH MAIN, 6^TH CROSS, SARASWATHIPRAM, MYSORE – 570 009.

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... PETITIONERS

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(BY SRI. K V SHYAMA PRASADA, ADVOCATE)

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AND :

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SMT. PREETHI BALAJI W/O SRI.BALAJI S AGED ABOUT 45 YEARS, R/AT NO.278, 1^ST FLOOR, F2 FLAT, 3^RD D MAIN HEALTH LAYOUT, ANNAPOORNESHWARINAGAR, BENGALURU – 560 091.

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SRI.S.BALAJI S/O SRI.C.N.SRINIVASA KMAR AGED 49 YEARS, R/AT NO.B601, DSR ULTIMA, HARALURU ROAD, BENGALURU – 560 002.

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... RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07-12-2019 PASSED IN O.S. NO.325/2017 BEFORE THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AS PER ANNEXUREF AND TO HEAR AND DECIDE IA NO.16 OR PASS OTHER SUITABLE ORDERS.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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The petitioners, who are the second and third defendants in O.S. No.325/2017 on the file of the VI Additional Principal Judge, Family Court, Bengaluru [for short, ' the family Court '], have filed this petition impugning the family Court's order dated 07.12.2019 which reads that the Family Court, on perusal of the records, is of the opinion that the suit is maintainable.

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Sri. K.V. Shyamaprasada, the learned counsel for the petitioners, submits that the petitioners have filed an application under Order XIV Rule 5[1] read with Section 151 of the Code of Civil Procedure, 1908 [for short, 'the CPC'] for framing of additional Issues, contending amongst others, that the suit filed by the first respondent, daughter-in-law, against her parentsin-law is not maintainable as a lis before the Family Court in view of Section 7 of the Family Courts Act, 1984, and also that the suit is barred by limitation. The petitioners have also disputed the payment of Court fee.

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Sri. K.V. Shyamaprasada further submits that the petitioners' application is for casting of Issues in these regards. The respondents have not filed objections to the application, and the impugned order could read that this application stands disposed of and as such, the petitioner is constrained to file this petition.

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It is seen from the impugned order that there is no reference to the petitioners' application under Order XIV Rule 5 of CPC for recasting of Issues and the family Court's opinion that the first respondent's suit is maintainable does indeed give an impression that the petitioners' application is disposed of by this order but without considering the reasons relied upon by the petitioner.

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Therefore, the petition stands disposed of calling upon the VI Additional Principal Judge, Family Court, Bengaluru, to consider the petitioners' application under Order XIV Rule 5 of CPC in O.S. No.325/2017 in accordance with law, after hearing both the petitioners and the respondents.

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SD/JUDGE

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AN/-

Sri C N Srinivasa Kumar v. Smt. Preethi Balaji

Case brief

What is this about?

What did the court decide?

Sri C N Srinivasa Kumar v. Smt. Preethi Balaji

Case brief

What is this about?

What did the court decide?

What the court decided

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