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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