IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.47209/2014 (GM-CPC) BETWEEN:
SMT. T.V.JYOTHI W/O LATE K.V.HARSHA AGED ABOUT 35 YEARS R/AT NO.359, 8TH MAIN ROAD III STAGE, IV BLOCK BASAVESWARANAGAR BANGALORE – 560 079 ... PETITIONER (BY SRI SURESH D.DESHPANDE, ADVOCATE) AND:
SMT. T.R.VIJAYAKUMARI W/O K.V.VISWANATHA MURTHY AGED ABOUT 68 YEARS R/AT NO.217, 1ST G CROSS IV BLOCK, III STAGE BASAVESWARANAGAR BANGALORE -560 079 ... RESPONDENT (BY SRI N.SUBBA SHASTRY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.11.2013 (ANNEXURE-E) PASSED BY THE COURT OF THE XXII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE IN O.S.NO.3941/2009.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. Learned Counsel appearing for the petitioner (Defendant No.1), after arguing the matter for sometime, submits that the application filed by the petitioner before the trial Court, which is rejected by the impugned order dated 25.11.2013, is not properly drafted. He submits that the petitioner is a widow and as per the memorandum of settlement dated 21.08.2012, she is entitled for the entire salary amount including the arrears of salary of her husband Late K.V.Harsha and also the salary amount that has been credited to her husband’s bank account in HDFC bank. He submits that this fact is not properly stated in the affidavit filed along with the application, and accordingly, he submits that the writ petition may be disposed of by giving liberty to the petitioner to make an appropriate application to get the entire salary amount of her husband as agreed to in the memorandum of settlement.
2. In the interest of justice, liberty sought for is granted.
If any fresh application as aforesaid is filed by the petitioner, the application shall be considered by the trial Court in accordance with law without being influenced by the order dated 25.11.2013 which is impugned herein. All contentions of both the parties are kept open.
Petition disposed of.
Sd/- JUDGE LB