Single judge disposed of the writ petition by directing the trial court to dispose of the pending maintenance case within eight months without issuing notice to respondents.
Directive to dispose of pending maintenance application within eight months; writ petition disposed of.
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:27387 WP No. 8457 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8457 OF 2022 (GM-FC)
BETWEEN:
MR. G. GANESH, AGED ABOUT 39 YEARS, R/AT.NO.F002, GROUND FLOOR, PRIDE PRISTINE APARTMENTS, VASUNDHARA LAYOUT, ANANTHNAGAR PHASE III, ATTIBELE HOBLI, KAMMASANDRA, ELECTRONIC CITY, BANGALORE – 560 100. PH.NO.91-9900084913.
…PETITIONER
(BY SRI. SUNIL SHRISHAIL CHOUDHARI, ADVOCATE)
AND:
Digitally signed by MEGHA SMT. R. JAYASHREE, MOHAN W/O. MR. G. GANESH, Location: HIGH COURT AGED ABOUT 35 YEARS, OF R/AT. FLAT NO.106, 2ND FLOOR, KARNATAKA SHRIVVENS GOKULAM APTS, HAGADUR VILLAGE, BENGALURU – 560 066. PH.NO.91-9900136305.
…RESPONDENT
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.03.2022 ON IA UNDER SECTION 151 OF CPC
NC: 2024:KHC:27387 WP No. 8457 of 2022
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, ANEKAL IN MC.NO.5034/2019 VIDE ANNX-A, AT PAGE NO.21 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
The present Writ Petition is filed questioning the order passed in I.A. in M.C.No.5034/2019 dated 23.03.2022 by the III Addl. District and Sessions Judge, Anekal whereby the Court below had allowed the application filed under Section 151 of CPC on payment of cost of Rs.2,000/- and the respondent was permitted to file objections. By order dated 15.04.2021, as already sufficient opportunity was granted, objections was taken as nil and matter was posed for petitioner’s evidence on 09.07.2021. By virtue of this order, the Court below had permitted the wife to file the objections and aggrieved thereby the husband is before this Court. It is submitted that even thereafter, she has not pursued the matter. It is further submitted that this is an M.C. of the year 2019, the same is still pending before the Trial Court.
NC: 2024:KHC:27387 WP No. 8457 of 2022
ORDER
SD/JUDGE
BN
List No.: 1 Sl No.: 19
1 issue framed by the court
Whether the impugned order under Section 151 of CPC in M.C.No.5034/2019 should be quashed due to inactivity after the respondent filed objections were returned as nil.
Mr. G. Ganesh
Megha Smt. R. Jayashree
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
