Writ petition challenging an interim maintenance order passed on a Section 125 Cr.P.C. application was listed repeatedly for dismissal due to absence of representation. With no appearance by or interest shown from the petitioner, the High Court dismissed the writ petition for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:25689 WP No. 11138 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11138 OF 2019 (GM-FC)
BETWEEN:
SRI.HARISH POOJARI S/O NARAYANAPPA POOJARI AGED ABOUT 43 YEARS R/A BAILUMANE(BAIL HOUSE) KIDIYOOR VILLAGE, KIDIYOOR POST UDUPI TALUK AND DISTRICT-576 103
…PETITIONER
(BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE- ABSENT)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
SMT.SABITHA W/O HARISH POOJARI D/O LATE KADYA POOJARY AGED ABOUT 37 YEARS R/AT MATADA THOTA HOUSE KALMADI, KADAVOOR VILLAGE MALPE POST UDUPI TALUK AND DISTRICT-576 108
…RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH 19.6.2017 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC AT UDUPI, ON APPLICATION FILED BY THE RESPONDENT UNDER SECTION 125[1][A] OF CR.P.C IN C.MISC NO.155/2017 AS PER ANNEXURE-A.
THIS PETITION, COMING ON FOR ‘DISMISSAL’, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:25689 WP No. 11138 of 2019
ORDER
On 06.06.2024, this court has observed that in the last two occasions, there is no representation on behalf the petitioner. The matter was posted for dismissal, considering the submission of the learned counsel for the petitioner that the settlement talks are going on, again it was directed to be listed under the caption for “dismissal” on 13.06.2024. Today when the matter came up there is no representation. It appears that the petitioner is not interested to pursue the matter.
Accordingly, the writ petition is dismissed for nonprosecution.
SD/JUDGE
TS List No.: 1 Sl No.: 18
2 provisions across 2 enactments
Sri. Harish Poojari S/o Narayanappa Poojari
Smt. Sabitha W/o Harish Poojari
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
