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M B Shivagangappa vs H Nageshaiah on 13 February, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF FEBRUARY 2019

BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE

WRIT PETITION NO.35182 OF 2016 (GM-FC)

BETWEEN:

M B SHIVAGANGAPPA
S/O BASAPPA AGED ABOUT 45 YEARS
PRIMARY SCHOOL TEACHER
PRESENTLY RESIDING AT N.MATHIGHATTA VILLAGE
NITTUR HOBLI GUBBI TALUK
TUMKUR DISTRICT-572216. … PETITIONER

(By Mr. GANGADHARAPPA A.V., ADV.)

AND:

H.NAGESHAIAH
S/O LATE HUCHAPPA
AGED ABOUT 63 YEARS
PRESENTLY RESIDING AT 5TH CROSS,
NEW EXTENSION VINAYAKANAGARA
GUBBI TUMKUR DISTRICT – 572216. …RESPONDENT

(By Mr. GIRISH S., ADV.)

This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to quash the order
Dtd. 02.04.2016 passed by the Court of the Sr. Civil Judge
and JMFC at Gubbi in G WC No.17/2015 at Annex-G and
be pleased to dismiss the application at Annex-E by directing
the Court below to dispose of the matter on merits as early
as possible and etc.

This Petition coming on for Preliminary Hearing in ‘B’
group this day, the Court made the following:-
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ORDER

Sri.Gangadharappa A.V., learned counsel for the

petitioner.

Sri.Girish S., learned counsel for the respondent.

2. The petition is admitted for hearing. With

consent of the learned counsel for the parties, the same

is heard finally.

3. In this petition under Article 227 of the

Constitution of India, the petitioner has challenged the

validity of the order dated 02.04.2016 passed by the

Trial Court, by which the Trial Court has directed the

petitioner herein to pay maintenance at the rate of

`5,000/- each to the minor children.

4. When the matter was taken up today, learned

counsel for the parties jointly submitted that the

proceeding before the Trial Court under the Guardians

and Wards Act, 1890, is pending since 2015 and the
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writ petition be disposed of with a direction to conclude

the proceeding in a time bound manner.

5. In view of the aforesaid submissions and in the

facts of the case, the petition is disposed of with a

direction to the Trial Court to conclude the proceeding

pending before it namely G and WC No.17/2015 within

a period of four months from the date of receipt of

certified copy of the order passed today. Till the

conclusion of the proceedings, the ad interim order

granted by a Bench of this Court, shall continue.

Sd/-

JUDGE

RV

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