M B Vishwanatha vs Chandrakala @ Chandana
2024 Latest Caselaw 209 Kant

Citation : 2024 Latest Caselaw 209 Kant
Judgement Date : 3 January, 2024

Karnataka High Court

M B Vishwanatha vs Chandrakala @ Chandana on 3 January, 2024

                                                   -1-
                                                                   NC: 2024:KHC:182
                                                                 WP No. 625 of 2020




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 3RD DAY OF JANUARY, 2024

                                               BEFORE
                                  THE HON'BLE MRS JUSTICE M G UMA

                               WRIT PETITION NO. 625 OF 2020 (GM-CPC)

                   BETWEEN:
                   M.B. VISHWANATHA
                   S/O M.E. BHOGESHWARAIAH,
                   AGE 33 YEARS, KIRANI SHOP
                   OWNER AND AGRICULTURIST,
                   R/O YELAGODU VILLAGE,
                   BHARAMASAGARA HOBLI,
                   CHITRADURGA TALUK - 577 501
                                                                        ...PETITIONER
                   (BY SRI: R. SHASHIDHARA, ADVOCATE)

                   AND:
Digitally signed
by PAVITHRA N      CHANDRAKALA @ CHANDANA
Location: high
court of           W/O M.B. VISHWANATHA,
karnataka          AGED ABOUT 28 YEARS,
                   NOW R/O PARENTS HOUSE,
                   C/O D/O BHOGESHWARAIAH,
                   RASTEMACHIKERE VILLAGE POST,
                   JAGALURU TALUK - 577 528,
                   DAVANAGERE DISTRICT.
                                                                      ...RESPONDENT
                   (BY SRI: M.G. KANTHARAJAPPA, ADVOCATE)

                           THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
                   INDIA    PRAYING   TO   QUASH   THE   ORDER   PASSED   BY   THE   I
                   ADDITIONAL SENIOR CIVIL JUDGE AT CHITRADURGA IN MIS
                   13/2018 DATED 13.12.2019 VIDE ANNEXURE-F TO THIS WRIT
                   PETITION.

                           THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
                   THE COURT MADE THE FOLLOWING:
                                    -2-
                                                      NC: 2024:KHC:182
                                                    WP No. 625 of 2020




                                 ORDER

The petitioner being the respondent in Mis.13/2018 on

the file of I Additional Senior Civil Judge, Chitradurga is

impugning the order dated 13.12.2019 produced as per

Annexure 'F' restoring MC.No.17/2016 on the file of I Additional

Senior Civil Judge, Chitradurga after setting aside the judgment

and decree granting divorce order to the petitioner.

2. Learned counsel for the petitioner filed the memo

along with certified copy of the order sheet in

Crl.Misc.No.20/2018 on the file of Civil Judge and JMFC Jagalur,

Davanagere.

3. Heard Sri. R.Shashidhara, learned counsel for the

petitioner and Sri. M.G.Kantharajappa, learned counsel for the

respondent.

4. Both the learned counsel submit in unison that

petitioner and respondent herein have amicably settled their

dispute in Crl.Misc.No.20/2018 before the Trial Court and even

permanent alimony of Rs.3,50,000/- was paid to the wife

towards full and final settlement of the maintenance and other

dues.

NC: 2024:KHC:182

5. In view of the above, both learned counsel submit

that present petition may be allowed by setting aside the

impugned order in the interest of justice.

6. Perused the order dated 18.12.2021 passed in

Crl.Misc.No.20/2018. According to which, dispute between the

parties is amicably settled before the Lok-Adalath. As per

compromise petition, the respondent herein agreed to withdraw

MC.No.17/2016 and permanent alimony was awarded in favor

of respondent/wife.

In view of the above, I proceed to pass the following:

ORDER

i. Writ petition is allowed.

ii. Impugned order dated 13.12.2019 passed in Mis.No.13/2018 on the file of I Addl.Senior Civil Judge, Chitradurga is set aside. As a result, order dated 01.09.2016 passed in MC.No.17/2016 on the file of I Addl.Senior Civil Judge & JMFC., Chitradurga is restored.