IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.49161/2017 (GM-FC) BETWEEN:
PRAKASH S/O ANNAPPA SHETTY AGED ABOUT 39 YEARS R/AT SRI PRIYA GUDIGARABETTU HOUSE KOITHAR, PERDOOR POST AND VILLAGE UDUPI TALUK AND DISTRICT-576101 (BY SRI CHANDRASHEKAR, ADV.) AND:
SMT. ARATHI D/O BABU SHETTY AGED ABOUT 27 EYARS R/AT KOWDOOR GUTTU BAILUR POST, KARKALA TALUK UDUPI DISTRICT-576104 ... PETITIONER … RESPONDENT THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF PRLSENIOR CIVIL JUDGE AND CJM, UDUPI IN M.C.NO.110/2014; QUASH THE ORDER DATED 13.03.2017 IN M.C.NO.110/2014 ON THE FILE OF PRL.SENIOR CIVIL JDUGE AND CJM, UDUPI VIDE ANNEXURE-F (ORDER SHEET) AND ETC..
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court assailing the order dated 13.03.2017 in M.C.No.110/2014.
2. The petitioner is the husband of the respondent.
In a matrimonial proceedings between the parties, the petitioner herein has filed the application in I.A.No.2. The grievance of the petitioner is that though such application is filed by the petitioner, the same has not been disposed of in accordance with law. The Court below through the order dated 13.03.2017 has ordered to keep the said application in abeyance and has posted the matter for evidence.
3. Learned counsel for the petitioner would refer to the order sheet to point out that at an earlier point, though the application was listed for orders, no orders had been passed and presently it is kept in abeyance.
4. In a matter of the present nature, I am of the opinion that a direction in the writ petition to dispose of the said application need not be considered at this stage inasmuch as the petitioner would have the liberty of filing an appropriate application before the Court below to recall the order dated 13.03.2017 and consider I.A.No.2 on its merits. If such application is filed, the Court below shall take note of the application in I.A.No.2 and take a decision one way or the other in accordance with law. The contentions on the application are left open.
The petition stands disposed of accordingly.
Sd/- JUDGE hrp/bms