IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.49853 OF 2014 & WRIT PETITION NOS.50899-50900 OF 2014 (GM-FC) BETWEEN:
MRS. MANGALA W/O. RAMASHIVANAIKA AGED ABOUT 43 YEARS R/AT RAMAHALLI SAGARAKATE POST MYSORE TALUK-571 120. ... PETITIONER (BY SRI ABUBACKER SHAFI, ADV. - ABSENT) AND:
MR. RAMASHIVANAIKA S/O. CHOWDAIAH AGED ABOUT 51 YEARS WORKING AS IV DIVISION EMPLOYEE OFFICE OF DEPUTY COMMISSIONER MYSORE-571 120. …RESPONDENT (BY SRI P NATARAJU, ADV. - ABSENT) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE ORDER DATED 30.06.2014 PASSED BY THE JUDGE ADDL. FAMILY COURT AT MYSORE IN O.S.NO.14/2011 VIDE ANN-F.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appear for the parties.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 30.06.2014 passed by the Judge, Additional Family Court, Mysore, by which the applications filed by the petitioner in I.A.Nos.4 to 6 seeking for a direction to the Deputy Commissioner not to disburse the entire retirement benefits to the respondent, seeking a lumpsum amount in a single payment for a sum of Rs.10,00,000/- and seeking for a direction against the Deputy Commissioner for summoning the documents pertaining to the retirement benefits respectively have been rejected.
3. The writ petitions are pending before this Court since, 2014 in which no interim order has been passed.
4. The proceeding before the Family Court was initiated in the year 2011 and the same might have been concluded by now. On account of efflux of time, I am not inclined to adjudicate the validity of the order dated 30.06.2014 impugned in these petitions, as the same has lost its efficacy. However, the writ petitions are disposed of with a direction to the Family Court that in case, the proceeding is still pending consideration, it shall make all endeavour to conclude the proceeding within a period of four months from today. Office is directed to transmit a copy of this order to the concerned Family Court.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE ST