IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL APPEAL NO.1921/2016 BETWEEN:
NEELAM MANMOHAN W/O MANMOHAN ATTAVAR AGED ABOUT 60 YEARS R/AT PARK, OPPOSITE 38/1, 30TH CROSS, 3RD MAIN 7TH BLOCK, JAYANAGAR BANGALORE.
... APPELLANT (BY SMT.NEELAM MANMOHAN, PARTY-IN-PERSON) AND:
MANMOHAN ATTAVAR S/O MUTTHAPPA ATTAVAR AGED ABOUT 83 YEARS R/AT 38/1, 30TH CROSS 3RD MAIN, 7TH BLOCK, JAYANAGAR, BENGALURU-560 082.
(BY SRI.S.SHEKAR SHETTY, ADVOCATE) ... RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 29 OF D.V. ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.7.2015 PASSED IN C.MISC.NO.139/2015 ON THE FILE OF MMTC-II, BANGALORE.
THIS CRIMINAL APPEAL COMING ON FOR FURTHER HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Appellant herein being aggrieved by order dated 30.07.2015 passed in Crl.Misc. Application No.139/2015 dismissing her application filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short ‘DV’ Act) filed an appeal in Crl.A.No.1070/2015 under Section 29 of D.V. Act before learned Additional District and Sessions Judge. After making prayer for transfer of said proceedings to another Court and not being satisfied with the order passed by learned District Judge dismissing the interim application filed by appellant, she approached this Court in W.P.No.49153/2016 under Article 226 and 227 of Constitution of India praying for transfer of Crl.A.No.1070/2015 pending on the file of LIII Addl. City Civil Judge, Bengaluru to this Court for being disposed of on merits and in accordance with law. Writ petition came to be allowed by this Court by order dated 24.10.2016 and withdraw the appeal proceedings from learned Senior Judge to this Court. Hence, this appeal came to be registered and pending before this Court.
2. In the meanwhile, being aggrieved by the order dated 24.10.2016 passed in W.P.No.49153/2016 respondent herein filed a Special Leave Petition before Apex Court in SLP(C) No.32534/2016. Hon’ble Apex Court by judgment dated 14.07.2017 passed in Civil Appeal No.2500/2017 c/w 2502/2017 allowed the said Civil appeal and set aside the order dated 24.10.2016 passed by the Coordinate Bench of this Court with the following observation:
“26. We thus set aside even the order dated 24.10.2016 and allow Civil Appeal No.2502/2017. We request the learned Chief Justice of the High Court on the administrative side to nominate any of the ASJs in Bangalore to hear the appeal of the respondent and the appellate authority shall endeavor to conclude the proceedings as expeditiously as possible.”
3. In the light of above order passed by the Apex Court, present appeal will have to be re-listed before the Sessions Judge to be nominated by Hon’ble Chief Justice as requested by the Hon’ble Supreme Court. Hence, registry is directed to place this matter before the Hon’ble Chief Justice and on obtaining orders therein, appeal be transmitted to the learned Sessions Judge, who may be nominated by the Hon’ble Chief Justice for disposing the appeal on merits and in accordance with law.
Accordingly, this appeal stands disposed of for statistical purposes.
SD/- JUDGE DR