- 1 - NC: 2025:KHC:2483 CRL.RP No. 478 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 478 OF 2024 BETWEEN: 1. MR. SHIVAKUMAR E., S/O LATE KESAVALU NAIDU, AGED ABOUT 52 YEARS, R/AT NO.13, 1ST CROSS, 1ST MAIN, KRISHNA NAGARA, J.P.NAGARA 8TH PHASE, SUBHASH CHANDRA BOSE ROAD, BANGALORE – 560 078 …PETITIONER (BY SRI. JAYAKUMARA P.P., ADVOCATE) AND: 1. SMT. ABHIJAYA G.S., W/O SHIVAKUMAR E, AGED ABOUT 46 YEARS, R/AT NO 13, 1ST CROSS, 1ST MAIN, KRISHNA NAGARA, J.P.NAGARA 8TH PHASE, SUBHASH CHANDRA BOSE ROAD, BANGALORE – 560 078. …RESPONDENT (BY SRI. RAVISHA M.G., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 18.03.2024 PASSED BY THE HON’BLE LXII ADDITIONAL CITY CIVIL AND Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2483 CRL.RP No. 478 of 2024 SESSIONS JUDGE AT BENGLAURU BY ALLOWING THIS REVISION PETITION (ANNEXURE-A) AND TO SET ASIDE THE ORDER DATED 18.03.2023 PASSED BY THE 5TH METROPOLITAN MAGISTRATE TRAFFIC COURT (MMTC-5) AT BENGALURU IN CRL.MISC.NO.91/2021 BY ALLOWING THIS REVISION PETITION (ANNEXURE-B). THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. Heard the learned counsel for revision petitioner and also the learned counsel for the respondent. 2. This revision petition is filed against the order passed by Trial Court directing the petitioner to pay maintenance of Rs.10,000/- per month against the respondent and also passed an order on I.A.No.2 restraining the respondent No.1 from dispossessing the petitioner from shared house i.e., No.13, ground floor, 1st Main Road, 1st Cross, Shubhash Chandra Bose Road, Krishna Nagar, J.P. Nagar 8th Phase, Bengaluru-560078. The counsel appearing for the revision petitioner would contend that he is regularly paying the maintenance of - 3 - NC: 2025:KHC:2483 CRL.RP No. 478 of 2024 rent of Rs.10,000/- per month and even on 10.01.2025 also paid the amount of Rs.10,000/- and there is no due. 3. The counsel for the respondent would submits that maintenance of 2 months is due and the same cannot be calculated before this Court if any such due, the respondent can claim before the Trial Court since the matter is pending before the Court and revision petitioner also directed any such calculation is made and if any dues of the petitioner to pay the amount before the Trial Court. Now with regard to the aspect of the order on I.A.No.2 is concerned, when the restrained order is passed dispossessing the petitioner admittedly an application is filed before the Trial Court regarding the dispossession is concerned and the Trial Court not yet taken any decision whether any dispossession subsequent to passing of an order or whether the petitioner was in possession earlier to that and the same has to be decided before the Trial Court. - 4 - NC: 2025:KHC:2483 CRL.RP No. 478 of 2024 4. The counsel appearing for the revision petitioner brought to notice of this Court the admission given by the respondent in the cross-examination itself that now she is staying along with her parents at Ashoknagar, Banashankari and this also to be considered by the Trial Court while considering I.A.No.2 on merits and also considering the I.A which is filed before the Trial Court regarding dispossession is concerned. This Court cannot consider those aspects before the Court and in terms of the order passed by the Trial Court interim order of maintenance is paid by the petitioner and hence, taking into note of the said fact into consideration, the petition was filed in the year 2021, it is appropriate to direct the Trial Court to dispose of the same within a period of 4 months on merits as well as if any application is pending as contended by the respondent with regard to the dispossession is concerned. 5. Both revision petitioner’s counsel and respondent’s counsel are directed to assist the Trial Court - 5 - NC: 2025:KHC:2483 CRL.RP No. 478 of 2024 for disposal of the case. The parties are also directed to assist the Trial Court to dispose of the matter within a time bound period of 4 months. 6. The revision petitioner is directed to continue to pay the monthly maintenance as already ordered by the Trial Court at the rate of Rs.10,000/- without any fault in future. Accordingly, the revision petition is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 58