- 1 - NC: 2025:KHC:16330 WP No. 10395 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10395 OF 2025 (GM-FC) BETWEEN: ARYAN AJITH RAJKUMAR R., AGED ABOUT 13 YEARS S/O RAJKUMARESAN L., R/AT NO.59/B, 1ST FLOOR, 5TH MAIN, 5TH CROSS, ANANDNAGAR, R.T.NAGAR POST, BENGALURU -560 032 REPRESENTED BY HIS CARE TAKER, SMT.INDUMATHI AGED ABOUT 32 YEARS W/O GANGADHAR M., R/AT NO 101, 2ND CROSS, ANANDNAGAR, R.T. NAGAR POST, BENGALURU -560 032 …PETITIONER (BY SRI. GEORGE ANTHONY CRUZ, ADVOCATE) AND: 1. RAJKUMARESAN L., AGED ABOUT 48 YEARS S/O LATE LAKSHMIKANTH R/AT NO.59/B, 1ST FLOOR, 5TH MAIN, 5TH CROSS, ANANDNAGAR, R.T.NAGAR POST, BENGALURU -560 032 2. SMT.SARALA DEVI D/O LATE SUBRAMANI S., AGED ABOUT 46 YEARS, SMR CASTLE, NO 307, 2ND FLOOR, BANASWADI MAIN ROAD, KALYAN NAGAR POST, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16330 WP No. 10395 of 2025 BENGALURU -560 043 …RESPONDENTS (BY SRI. NARASIMHAMURTHY, ADVOCATE FOR R1 SRI.PRABHUGOUD TUMBIGI, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF THE LEARNED IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN EXECUTION CASE NO.157/2024 AND ALSO OTHER RELEVANT MATERIALS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following Prayer: i. CALL FOR RELEVANT records pending on the file of the Learned IV Additional Principal Judge, Family Court, Bengaluru in Execution Case No.157/2024 and also other relevant materials. ii. ISSUE A Writ in the nature of writ of Certiorari by quashing the entire Execution proceedings pending on the file of the Learned IV Additional Principal Judge, Family Court, Bengaluru and also the order dated 24-02-2025 vide ANNEXURE-F in Execution Case No.157/2024. iii. ISSUE FURTHER DIRECTION in the nature of writ of Mandamus directing the Learned IV Additional Principal Judge, Family Court, Bengaluru to restore the accommodation to the minor son of - 3 - NC: 2025:KHC:16330 WP No. 10395 of 2025 Respondent No.1 and 2 including boarding, lodging and other basic facilities; iv. AND ALSO ISSUE any further order/direction as deemed just in the circumstances and probabilities of the case. 2. The cause title shows that Master Aryan Ajith Rajkumar.R aged about 13 years is represented by his care taker and the respondents are his father and mother. The relief that is sought is to quash the execution proceedings pending on the file of the IV Additional Principal Judge, Family Court, Bengaluru and order dated 24.02.2025 in Execution Case No.157/2024. 3. When this matter came up on 04.04.2025, a Co-ordinate Bench of this Court had passed an order that the Executing Court shall not precipitate the matter in Execution Case No.157/2024 and no further proceedings shall be conducted till the next date of hearing, in the interest of the minor child. After the notice, the respondent No.2/mother has come before the Court and filed I.A.No.1/2025 for vacating stay. It is stated that already an order is passed appointing respondent No.2 as the guardian of the minor ward. It is submitted that the petitioner without any locus has filed this - 4 - NC: 2025:KHC:16330 WP No. 10395 of 2025 petition and obtained the interim order and the petition needs to be dismissed with exemplary costs. 4. In response to that, learned counsel for the petitioner submits that he has already filed a memo to withdraw the petition and he may be permitted to withdraw. 5. Having heard the learned counsels on either side, perused the material on record. It is surprising that how Registry has numbered this writ petition filed by a person naming herself as the caretaker and the writ petition is filed against the mother and the father. Further, there is no order impugned before this Court and the petitioner wants execution proceedings to be stalled, the relief that is sought is to quash the entire execution proceedings. Even if a person has locus, this Court is not able to understand how such a relief can be granted by this Court by way of a writ petition under Article 227 of the Constitution of India. That apart, the boy is the son of respondent Nos.1 and 2 and the petitioner claims to be a neighbor of the respondents and she comes before this Court with these kind of petitions and obtains an interim order which is nothing but a pure abuse of process of law and this Court is - 5 - NC: 2025:KHC:16330 WP No. 10395 of 2025 of the view that the case deserves to be dismissed with costs. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed with costs of Rs.25,000/- to be payable to the Legal Services Authority within 4 weeks from the date of receipt of copy of the order. ii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 3