IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33114 OF 2016 (GM-FC) BETWEEN:
SRI. UMASHANKAR S/O LATE LINGADEVARAIAH AGED ABOUT 56 YEARS R/O KARNAKUPPE VILLAGE NIDAVALALU POST HEBBUR HOBLI, TUMKUR TALUK TUMKUR DISTRICT-572101.
… PETITIONER (By Mr. SOMASHEKHARAIAH R.P. ADV., (ABSENT)) AND:
SRI. RUDRESH S/O PALAKSHAIAH AGED ABOUT 31 YEARS R/OF NIDAVANDA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562123.
(By Mr. S.S. HAVERI, ADV.) - - -
… RESPONDENT This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 9.2.2016 in G & WC No.2/2013 on the file of Sr. Civil Judge, Nelamangala made on I.A. rejecting the application filed by the petitioner for rejection of petition under Annexure-H & etc. , and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER None for the petitioner.
Sri.S.S.Haveri, learned counsel for the respondent.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 09.02.2016 by which the application filed by the petitioner under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, has been rejected.
3. A Bench of this Court, by an ad interim order dated 22.02.2017, had declined to grant stay. When a query was put to the learned counsel for the respondent with regard to the stage of the proceeding pending before the Family Court, learned counsel for the respondent submitted that the matter is fixed for cross- examination of Plaintiff Witness No.1.
4. In view of the aforesaid submissions, I deem it appropriate to dispose of the writ petition with a direction to the Family Court to conclude the proceeding pending before it, within a period of six months from the date of receipt of certified copy of the order passed today. Needless to state that the Family court shall also decide the issue with regard to the maintainability without being influenced by the order dated 09.02.2016.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV