Dismissed

Smt. Channawwa W/O Basappa Sheernahalli v. Parappa S/O Channappa Sheernahalli

Karnataka HC9 Dec 2022WP/104289/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition filed to quash a civil order bearing the litigants' interim maintenance and litigation costs liabilities, ultimately dismissing the petition upon receipt of an undertaking to pay the balance amount.

What did the court decide?

The writ petition was disposed of after the petitioner paid a partial sum and undertook to pay the balance amount.

Smt. Channawwa W/O Basappa Sheernahalli Vs… — Pension and Retirement Benefits | Karnataka HC (2022)

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WP No. 104289 of 2021

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

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WRIT PETITION NO. 104289 OF 2021 (GM-CPC)

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BETWEEN:

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SMT. CHANNAWWA

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W/O BASAPPA SHEERNAHALLI, AGE. 56 YEARS, OCC. HOUSEHOLD, R/O. PETHA ALUR, TQ. MUNDARAGI, NOW AT RON, DISTRICT GADAG-582118.

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… PETITIONER

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(BY SRI. DAYANAND M BANDI, ADVOCATE)

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AND:

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PARAPPA

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S/O CHANNAPPA SHEERNAHALLI, AGE. 77 YEARS, OCC. AGRICULTURE, R/O. PETHA ALUR, TQ. MUNDARAGI, DISTRICT GADAG-582118.

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HALAPPA

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S/O CHANNAPPA SHEERNAHALLI, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. PETHA ALUR, TQ. MUNDARAGI, DISTRICT GADAG 582118.

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MUTTAPPA S/O SHANKRAPPA SHEERNAHALLI AGE. 46 YEARS, OCC. AGRICULTURE,

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WP No. 104289 of 2021

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R/O. PETHA ALUR, TQ. MUNDARAGI, DISTRICT GADAG 582118.

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… RESPONDENTS

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(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER IN THE FORM OF DIRECTION TO QUASH THE ORDER DATED 27/08/2021 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, LAXMESHWAR, SITTING AT MUNDARAGI IN O.S.NO.2/2019 C/W O.S.NO.238/2014 ON I.A.NO.VII VIDE ANNEXURE H AND TO ALLOW THE SAID I.A.NO.VII AS PRAYED FOR IN IT IN THE ENDS OF JUSTICE AND EQUITY.

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

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ORDER

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This writ petition is filed challenging the order

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of the Trial Court, by which, the Trial Court has dismissed the application filed by the plaintiff for striking off the defence of the defendants.

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This Court in W.P. No.112425/2019 had directed the respondents herein to pay interim maintenance at the rate of Rs.5,000/- per month and this amount was required to be paid on or before fifth of every

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WP No. 104289 of 2021

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month and a further sum of Rs.25,000/- was required to be paid as litigation cost.

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Admittedly, this order has become final inasmuch as no further proceedings have been initiated challenging this order. As a consequence, the liability of the respondents to pay a sum of Rs.5,000/- on or before 5^th of every month and to pay litigation cost of Rs.25,000/- has become final and binding.

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It is also not in dispute that a total sum of Rs.2,50,000/- is required to be paid by the respondents for the complete compliance of the order.

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The petitioner on 30.11.2022 paid a sum of Rs.50,000/- to the respondents and the same was also acknowledged by the petitioner. Thus, a balance sum of Rs.2,00,000/- is required to be paid.

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Learned counsel for the petitioner submits that the petitioner will file an affidavit of undertaking stating that the said sum of Rs.2,00,000/- will be paid on or

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WP No. 104289 of 2021

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before 15^th January 2023. It is made clear that if there is a breach of this undertaking, contempt proceedings would be initiated, if need be, suo motu against the respondents.

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The writ petition is accordingly disposed off.

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Learned counsel for the respondents submits that a sum of Rs.2,00,000/- would be paid either by way of cheque or by way of Demand Draft.

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Affidavit of undertaking to be filed within two weeks.

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sd JUDGE

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Vnp* & KGK List No.: 1 Sl No.: 1

Smt. Channawwa W/O Basappa Sheernahalli v. Parappa S/O Channappa Sheernahalli

Case brief

What is this about?

What did the court decide?

Smt. Channawwa W/O Basappa Sheernahalli v. Parappa S/O Channappa Sheernahalli

Case brief

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What did the court decide?

What the court decided

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