IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.36762 OF 2019 (GM-FC) BETWEEN:
MR. DEBOJYOTI DAS S/O SHRI DIPESH RANJAN DAS AGED ABOUT 43 YEARS R/AT 1203, PRESTIGE LAKESIDE HABITAT SH-35, BENGALURU-560 087 ALSO AT: NO.403, FESTOON PRIMROSE APARTMENTS, 5BC 950, 2ND BLOCK HRBR LAYOUT EXTENSION BENGALURU-560 043 … PETITIONER (BY SRI SUNIL S. CHOUDHARI, ADVOCATE) AND:
MRS. VISHAKHA DAS W/O MR. DEBOJYOTI DAS AGED ABOUT 40 YEARS B-904, PLAMA HEIGHTS APARTMENTS 230, HENNUR MAIN ROAD BESIDE MANDOVI MOTORS OPP: JAIN HEIGHTS BENGALURU-560 043 … RESPONDENT (BY SRI H.V. PRAVEEN GOWDA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14.08.2019 PASSED BY THE HON’BLE PRL. JUDGE, FAMILY COURT AT BENGALURU IN G & WC 127/2017, VIDE ANNEXURE-A, INSOFAR AS IT RELATES TO REJECTING THE PRAYER OF THE PETITONER TO FILE REJOINDER FOR OBJECTIONS FILED BY THE RESPONDNET TO IA NO.16 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Sunil S. Choudhari, learned counsel for the petitioner.
Sri H.V. Praveen Gowda, learned counsel for the respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner, inter alia, has prayed for quashment of the impugned order dated 14.08.2019 passed by the Principal Judge, Family Court, Bengaluru in G & WC No.127/2017, by which, the rejoinder filed by the petitioner has been rejected on the ground that there is no provision in the Karnataka Civil Rules of Practice, 1967 to file a rejoinder to the interlocutory application.
3. When the matter was taken up today, learned Counsel for the petitioner submitted that he shall file an appropriate application on or before 23.08.2019 before the Trial Court and shall positively argue the matter on 27.08.2019 before the Trial Court.
4. Learned counsel for the respondent has not fairly opposed the aforesaid prayer.
5. In view of the aforesaid submission, the writ petition is disposed of with a direction that, in case, the petitioner files an appropriate application on or before 27.08.2019, the same shall be taken on record and the Family Court shall hear the arguments on I.A.No.16 positively on 27.08.2019.
Accordingly, the petition is disposed of.
Sd/- JUDGE cp*