Karnataka High Court
Sri Pramod A N vs Smt. Indira N on 23 September, 2022
Bench: M.Nagaprasanna
-1-
WP No. 17136 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 17136 OF 2022 (GM-RES)
BETWEEN:
SRI PRAMOD A N
S/O LATE SRI NAGENDRACHAR A.S.
AGED ABOUT 43 YEARS,
R/AT NO.350, 10TH CROSS
3RD BLOCK, 'D' GROUP LAYOUT
60 FT. ROAD, ANDRAHALLI MAIN ROAD,
BENGALURU-560 091.
...PETITIONER
(BY SRI. NANDISH GOWDA G.B, ADVOCATE)
AND:
1. SMT. INDIRA N
W/O LATE SRI NAGENDRACHAR A.S.
AGED ABOUT 71 YEARS
2. SRI.PRADEEP N
Digitally signed by
S/O LATE NAGENDRACHAR A.S.
PADMAVATHI B K AGED ABOUT 46 YEARS.
Location: HIGH COURT
OF KARNATAKA
RESPONDENT Nos.1 AND 2 ARE
R/AT NO.4/5, "BEERESHWARA KRUPA"
BHUVANA NILAYA, 2ND CROSS,
ATTIGUPPE, VIJAYANAGAR,
BENGALURU-560 040.
...RESPONDENTS
-2-
WP No. 17136 of 2022
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE
CR.P.C. PRAYING TO DIRECT THE TRIAL COURT I.E., THE
COURT OF THE 58TH ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU TO DISPOSE OF THE APPEAL IN
CRL.A.NO.79/2021 FILED BY THE PETITIONER AT THE
EARLIEST VIDE ANNX-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
a) Issue a writ in the nature of mandamus
directing the Trial Court i.e., the Court of the 58th
Additional City Civil and Sessions Judge, Bengaluru to
dispose of the appeal in Crl.A.No.79/2021 filed by the
petitioner at the earliest vide Annexure-D.
b) And grant such other order or directions as
this Hon'ble Court deems fit under the circumstances of
the case, including costs, in the interest of justice and
equity."
2. Heard Sri. Nandish Gowda G.B., learned counsel
appearing for the petitioner and have perused the material on
record.
3. The petitioner filed the subject petition on the
ground that the appeal before the Appellate Court in
WP No. 17136 of 2022
Crl.A.No.121/2021 has not progressed from 16.02.2021. On
several dates, the matter is being adjourned and even on
17.09.2022, the matter is adjourned to 01.10.2022.
4. The appeal before the Appellate Court arises out of
an order of maintenance being granted to the respondents to
be paid by the petitioner and an appeal filed by the
respondents even seeking enhancement of the said amount
that is awarded. Both these appeals are pending consideration
before the concerned Court and the submission is that the
concerned Court is not taking up the matter for its disposal
despite the nature of the issue involved in the case.
5. Since the issue arises out of the proceedings under
the Domestic Violence Act, 2005 and there is also an appeal
filed by the respondents herein seeking enhancement of
maintenance as is submitted by the learned counsel appearing
for the petitioner, I deem it appropriate to direct the concerned
Court to dispose the appeal within an outer limit of 8 weeks
from the date of receipt of a copy of this order in the light of
the fact that the matter was already posted for its judgment on
WP No. 17136 of 2022
19.03.2022 and has been adjourned from time to time from
that date.
With the aforesaid observations, the petition stands
disposed.
Sd/-
JUDGE
SJK
