IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.29209/2015 (GM-FC) BETWEEN:
JAVAREGOWDA, S/O VENKATEGOWDA, AGED ABOUT 60 YEARS, RESIDENT OF SHIGURAHALLY, HALEKOTE HOBALI, HOLENARASIPURA TQ, HASSAN DISTRICT – 573 201. …PETITIONER (BY SRI.GIRISH B BALADARE, ADVOCATE) AND:
JAYAMMA, W/O JAVEREGOWDA, AGED ABOUT 52 YEARS, RESIDENT OF NARIHALLY KOPPALU, KASABA HOBALI, HASSAN TQ AND DISTRICT – 573 201. …RESPONDENT (BY SMT.NIRMALA, ADVOCATE FOR SRI.P.S.MOHAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE – B THAT THE ORDER DATED 30.03.2015 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT AT HASSAN IN CRIMINAL MIS.206/2013 AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Girish B. Baladare, learned counsel for the petitioner. Smt. Nirmala, learned counsel for Sri. P.S.Mohan, learned counsel for the respondent.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 30.03.2015, by which the sale proclamation in respect of the property of the petitioner has been issued.
3. A Bench of this Court by an ad-interim order dated 21.07.2015 has stayed the aforesaid proclamation of sale, subject to the condition that the petitioner shall deposit a sum of Rs.25,000/- before the Court below within a period of three weeks.
4. When the matter was taken up today, learned counsel for the petitioner submits that the petitioner is ready and willing to deposit the entire arrears of maintenance before the family Court within a period of six months from today.
5. The aforesaid prayer is not opposed by the learned counsel for the respondent.
6. The submission made by the learned counsel for the petitioner is taken on record. Accordingly, petition is hereby disposed of with a direction that the petitioner shall deposit arrears of maintenance within a period of six months from today before the Family Court, which shall be payable to the respondent. Needless to state that in case the petitioner fails to deposit the aforesaid arrears of maintenance, the Family Court shall be at liberty to proceed against the petitioner with regard to the sale of the property of the petitioner.
With the aforesaid direction, petition stands disposed of.
Sd/- JUDGE VP