Smt Lakshmi Nagarajaiah Vs Sri L Nagarajaiah

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INTERIM ORDER AT ANNX-F DATED 03.12.2025 PASSED BY THE HONBLE IV ADDL. FAMILY COURT AT BENGALURU IN OS NO.73/2023 AND ALLOW THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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NC: 2026:KHC:6785 WP No. 3427 of 2026

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HC-KAR

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ORAL ORDER

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Heard Sri.Skanda Kumar, who represents

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Sri.M.D.Raghunath, learned counsel on record for the writ petitioner.

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Having gone through the entire material

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brought on record, upon hearing learned counsel for the petitioner, this Court is of the view that the writ petition can be disposed of without service of notice to the respondent. Therefore, notice to respondent is dispensed with.

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Seeking the Court to issue a writ of certiorari

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and to quash the order that is rendered by the Court of IV Additional Principal Judge, Family Court, Bengaluru in O.S.No.73/2021 dated 03.12.2025, this writ petition is filed.

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The submission that is made by learned counsel

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for the petitioner is that petitioner is wife of the respondent. Petitioner filed a suit for permanent injunction

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4 - NC: 2026:KHC:6785 WP No. 3427 of 2026

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HC-KAR

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and the suit is pending. Petitioner filed an interlocutory application in the said suit i.e., I.A.No.X seeking the Court to direct respondent herein who is defendant No.1 to the suit to deposit a sum of Rs.32,160/-. The said petition was dismissed by the trial Court and aggrieved by the same, this writ petition is filed.

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Learned counsel states that the petitioner has to undergo dental procedure and for the said purpose she needs a sum of Rs.32,160/- and it is the liability of her husband i.e., the respondent herein to pay the same. Learned counsel thereby seeks to allow the writ petition and to quash the impugned order.

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A perusal of record makes it clear that petitioner instituted a suit against her husband i.e. the respondent herein and three others seeking following reliefs:

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"A. Pass an order of permanent injunction restraining the defendant No.1 from interfering with the peaceful possession of

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5 - NC: 2026:KHC:6785 WP No. 3427 of 2026

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HC-KAR

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the plaintiff from the suit schedule property.

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B. Pass an order of permanent injunction restraining the defendant No.1 from mortgaging, alienating, or creating any charge by encumbering the schedule property.

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C. Pass an order of permanent injunction restraining the defendant Nos.2 to 4 from sanctioning and disbursing any loan to the defendant No.1 over the suit schedule property."

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7. Invoking Section 94(e) CPC, petitioner filed

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I.A.No.X in the said suit seeking the Court to direct the respondent herein to deposit Rs.32,160/- to facilitate her to undergo dental procedure.

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As per the submission that is made by learned

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counsel for the petitioner, petitioner's husband that is respondent herein filed a case for dissolution of marriage and in the said case petitioner herein filed a petition

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NC: 2026:KHC:6785 WP No. 3427 of 2026

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HC-KAR

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seeking interim maintenance and the said petition is pending.

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Section 94 CPC deals with supplemental

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proceedings. Section 94 CPC reads as under:

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"94. Supplemental proceedings.- In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed.-

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(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

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(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

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(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

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(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

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(e) make such other interlocutory orders as may appear to the Court to be just and convenient."

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HC-KAR

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The relief sought for through I.A.No.X is no way connected to the relief sought for in the suit. This Court is of the view that the Court which is dealing with the suit filed for grant of permanent injunction in respect of suit schedule property cannot again take up unconnected issue, whether the petitioner herein as wife of respondent is entitled for maintenance from him, her financial status, the status of the respondent and the quantum of amount, if any, which can be awarded either towards maintenance,

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interim maintenance or to meet the medical or other necessities of the petitioner. Though the impugned order does not disclose narration of details with regard to the merits of the interlocutory application in detail, however, this Court is of the view that the trial Court rightly came to a conclusion that the petition is not maintainable. Thus there are no grounds whatsoever to quash the impugned order as sought for.

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HC-KAR

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Resultantly, the following:

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ORDER

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i. The writ petition is dismissed.

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ii. As orders are passed in the writ petition without service of notice to the respondent, the Court of IV Additional Principal Judge, Bengaluru, is directed to serve a copy of this order either to respondent/ defendant No.1 or his counsel, only for the purpose giving notice about filing and disposal of the writ petition.

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iii. Registry to forward copy of this order to the concerned Court.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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NS,AP CT:TSM List No.: 1 Sl No.: 14

Smt Lakshmi Nagarajaiah v. Sri L Nagarajaiah

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Smt Lakshmi Nagarajaiah v. Sri L Nagarajaiah

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