Karnataka High Court
Dr. Mrs. Asha W/O Sanjay Surana And Anr vs Dr. Sanjay S/O Champalal Surana on 30 July, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC-D:10708
WP No. 102434 of 2015
C/W WP No. 102433 of 2015
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
WRIT PETITION NO. 102434 OF 2015 (GM-FC)
C/W
WRIT PETITION NO. 102433 OF 2015
IN WP NO.102434 OF 2015
BETWEEN:
1. DR. MRS. ASHA W/O. SANJAY SURANA ,
AFTER WRIT PETITION NO.108290/14 ALLOWED,
HER NAME CHANGED AS
ASHA D/O. RATANCHAND JAIN,
AGE: 47 YEARS, OCCUPATION: NIL,
R/O. C/O. KANTILAL RATANCHAND JAIN,
NO.3, GONDHALI GALLI, HERWADKAR BUILDING,
BELAGAVI.
2. MISS. TEJASHWINI @ HARSHALI
D/O. SANJAY SURANA,
SAROJA AGE: 19 YEARS, OCCUPATION: STUDENT,
HANGARAKI
R/O. C/O. KANTILAL RATANCHAND JAIN,
Location: HIGH
COURT OF NO.3, GONDHALI GALLI, HERWADKAR BUILDING,
KARANTAKA
DHARWAD BELAGAVI.
BENCH
...PETITIONERS
(BY SRI. A.B. NESARGI, ADVOCATE)
AND:
DR. SANJAY S/O. CHAMPALAL SURANA,
AGE: 49 YEARS,
OCCUPATION: MEDICAL PRACTITIONER,
R/O. 104, 3131, "MAKARAND",
PANT NAGAR, GHATKOPAR (EAST) MUMBAI-75.
...RESPONDENT
(BY SRI. A.R. RODRIGUES, ADVOCATE)
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NC: 2024:KHC-D:10708
WP No. 102434 of 2015
C/W WP No. 102433 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR ANY
DIRECTION TO QUASH THE ORDER DATED 20TH JANUARY 2015
ANNEXURE-D PASSED BY THE LEARNED HON'BLE JUDGE FAMILY
COURT BELAGAVI IN EXECUTION PETITION NO.4/2014 AND DIRECT
THE HON'BLE COURT TO PROCEED IN THE SAID EXECUTION
PETITION FOR RECOVERING THE ARREARS OF MAINTENANCE IN
ACCORDANCE WITH LAW.
IN WP NO. 102433 OF 2015
BETWEEN:
1. DR. MRS. ASHA W/O. SANJAY SURANA ,
(AFTER WRIT PETITION NO.108290 OF 2014 ALLOWED)
NAME CHANGED AS
ASHA D/O. RATANCHAND JAIN,
AGE: 47 YEARS, OCCUPATION: NIL,
R/O. C/O. KANTILAL RATANCHAND JAIN,
NO.3, GONDHALI GALLI, HERWADKAR BUILDING,
BELAGAVI.
2. MISS. TEJASHWINI @ HARSHALI
D/O. SANJAY SURANA,
AGE: 19 YEARS, OCCUPATION: STUDENT,
R/O. C/O. KANTILAL RATANCHAND JAIN,
NO.3, GONDHALI GALLI, HERWADKAR BUILDING,
BELAGAVI.
...PETITIONERS
(BY SRI. A.B. NESARGI, ADVOCATE)
AND:
DR. SANJAY S/O. CHAMPALAL SURANA,
AGE: 49 YEARS,
OCCUPATION: MEDICAL PRACTITIONER,
R/O. 104, 3131, "MAKARAND",
PANT NAGAR, GHATKOPAR (EAST) MUMBAI-75.
...RESPONDENT
(BY SRI. BASAVARAJ GODACHI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR ANY
DIRECTION TO QUASH THE ORDER DATED 20TH JANUARY 2015
ANNEXURE-E PARTICULARLY REJECTING THE APPLICATION FOR
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NC: 2024:KHC-D:10708
WP No. 102434 of 2015
C/W WP No. 102433 of 2015
ARRESTING RESPONDENT WHICH IS MADE ON I.A.II PASSED BY THE
LEARNED HON'BLE JUDGE FAMILY COURT, BELGAUM IN EXECUTION
PETITION NO.13/2013.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH) ORDER These writ petitions are filed seeking writ of certiorari to quash the order dated 20.01.2015 passed by the Family Court, Belagavi in Execution Petition Nos.4/2014 and 13/2013 for closing of the Execution Petitions filed by the decree holders before the Trial Court.
2. Counsel for the petitioners would vehemently contend that an amount of Rs.72,000/- was deposited by the respondent towards college fee of the daughter i.e., petitioner No.2 but the same has been taken in respect of the maintenance.
3. The respondent-Judgment Debtor in paragraph No.3 of his statement of objections has taken -4- NC: 2024:KHC-D:10708 WP No. 102434 of 2015 C/W WP No. 102433 of 2015 the contention that the amount is deposited in the account of second decree holder towards maintenance.
4. Though the petitioners' counsel contends that the amount is deposited towards college fee, there is no direction by the Trial Court to make good the college fee against the respondent/Judgment Debtor. In the objection statement filed by the respondent it is specifically stated the payment of amount by the respondent is towards maintenance. The payment was accepted by the decree holders to the tune of Rs.72,000/-. When such deposit was not disputed and when there was no order to pay the college fee, the contention of the petitioners cannot be accepted that the amount was paid towards college fee of the petitioner/decree holder No.2. Hence, the Trial Court has rightly closed the Execution Petitions filed by the petitioners observing that in view of depositing an amount of Rs.72,000/- in the account of decree holder, the judgment debtor has paid the entire arrears amount in both the petitions. Hence, I do not find any merit in both -5- NC: 2024:KHC-D:10708 WP No. 102434 of 2015 C/W WP No. 102433 of 2015 the petitions to quash the order passed by the Trial Court in closing the Execution Petitions. Hence, both the petitions are dismissed.
Sd/-
(H.P.SANDESH) JUDGE NAA CT-MCK List No.: 1 Sl No.: 63