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Sri. Deepak S/O Eshwar vs Sri. Anand S S/O Shivanna on 20 March, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20th DAY OF MARCH 2019

BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE

WRIT PETITION NO.2383 OF 2013 (GM-FC)

BETWEEN:

SRI. DEEPAK S/O ESHWAR
AGED ABOUT 30 YEARS
R/AT NO.923, 5TH CROSS
VIJAYA BANK LAYOUT
BANNERGHATTA ROAD
BANGALORE-560076. … PETITIONER

(By Mr. PRABHUGOUDA B. TUMBIGI, ADV.)

AND:

SRI. ANAND S S/O SHIVANNA
AGED ABOUT 37 YEARS
R/AT NO.15/1, 4TH MAIN
4TH CROSS, PAPANNA BLOCK
GANGANAGAR, R.T. NAGAR
BANGALORE-560032.
… RESPONDENT
(By Mr. OMKAR BASAVA PRABHU, ADV., FOR
Mr. R. SRINIVAS, ADV.,)

This Writ Petition is filed under Articles 226 227 of the
Constitution of India, praying to quash the impugned order dated
4.1.2013 passed by the III Additional Prl. Judge, Family Court,
Bangalore in G WC No.35/2011 on interim application No.IV filed
by the respondent under Section 12 of the Guardian and Wards
Act vide Annexure-A and etc.

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

ORDER

Sri.Prabhugouda B.Tumbigi, learned counsel for

the petitioner.

Sri.Omkar Basava Prabhu, learned counsel for

Sri.R.Srinivas, 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, the petitioner inter alia seeks

quashment of the order dated 04.01.2013 passed by

the Family Court in G and WC No.35/2011 on an interim

application filed by the respondent under Section 12 of

the Guardians and Wards Act, 1890. A Bench of this

Court had granted an ad interim order on 22.01.2013.

The aforesaid interim order has remained in force for a

period of more than 6 years. Therefore, I am not

inclined to adjudicate the validity of the order dated

04.01.2013 at this point of time and I deem it
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appropriate to dispose of the petition with a direction to

the Family Court to conclude the proceeding in G and

WC No.35/2011 which is pending since 2011, in

accordance with law within six months from today. Till

the matter is decided by the Family Court, the ad

interim order granted on 22.01.2013 shall continue.

Accordingly, the petition is disposed of.

Sd/-

JUDGE

RV

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