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C N Habeebur Rehaman vs Afjal Ahmed on 19 March, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19th DAY OF MARCH 2019

BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE

WRIT PETITION NO.43558 OF 2013 (GM-FC)

BETWEEN:

C.N. HABEEBUR REHAMAN
SON OF LATE C N NISAR AHMED
AGED ABOUT 33 YEARS
RESIDING AT NO. 11/287
DEVANGA 2ND COSS, NEAR KSRTC
BUS STAND
CHAMARAJNAGAR TOWN-571313.
… PETITIONER
(By Ms. RAJESHWARI DEVI C, ADV., (ABSENT))

AND:

AFJAL AHMED
SON OF LATE ABDUL RASHEED
AGED ABOUT 60 YEARS
RESIDING AT DODDAKAVALANDE
VILLAGE, NANJANAGUD TALUK
MYSORE DISTRICT-571401.
… RESPONDENT
(By Mr. MAHANTESH S. HOSMATH, ADV., (ABSENT))

This Writ Petition is filed under Articles 226 227 of the
Constitution of India, praying to quash Ann-A, the order dt.2.7.13,
passed on IA.No.III under order 25 of the Gurardian Ward Act in
G WC No.2/13, on the file of the Hon’ble Sr. Civil Judge JMFC,
at Chamrajanagar be pleased to allow the said IA.No.III in G
WC No.2/13 and etc.

This Writ Petition coming on for preliminary hearing in ‘B’
group this day, the Court made the following:-
2

ORDER

None for the parties.

2. In this petition, the petitioner inter alia has

assailed the validity of the order dated 02.07.2013

passed in a proceeding under Section 25 of Guardians

and Wards Act, 1890 (hereinafter referred to as ‘the Act’

for short) by which liberty has been granted to the

petitioner to visit the child in the Anganawadi Centre.

The aforesaid petition is pending before this Court since

2013 in which no interim order has been passed. The

petitioner has initiated the proceeding under Section 25

of the Act in the year 2013. Therefore, at this point of

time, I am not inclined to adjudicate the validity of the

aforesaid interim order which has remained in force for

more than 5 years. Therefore, in the fact situation of

the case, I deem it appropriate to dispose of the writ

petition with a direction that in case the proceeding

under Section 25 of the Act is still pending before the
3

Family Court, the Family Court shall consider and decide

the same expeditiously within a period of four months

from the date of receipt of certified copy of the order

passed today.

Accordingly, the petition is disposed of. Office is

directed to transmit a copy of this order to the

concerned Family Judge.

Sd/-

JUDGE

RV

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