- 1 - NC: 2025:KHC:17150 WP No. 12235 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12235 OF 2025 (GM-FC) BETWEEN: MRS. JULIET K., AGED ABOUT 44 YEARS, W/O MR. HARMEET S., R/A NO.18, PEE VEES RESI 2, 6TH CROSS, RA ROAD EJIPURA, VIVEKNAGAR, BANGALORE - 560 047, MOB: 9845330551, EMAIL: JULIETKUKREJA@GMAIL.COM …PETITIONER (BY SRI MANJUNATH H., ADVOCATE) AND: MR. HARMEET S., AGED ABOUT 46 YEARS, S/O MR. GURMIT SINGH, R/A NO.504, 'STAR' 17 BLOCK, SUNCITY APARTMENT, SARJAPUR ROAD, BELLANDUR, BANGALORE - 560 102, MOB: 9880472368, EMAIL: HARMEET77@GMAIL.COM …RESPONDENT (BY SRI. HARMEET S. - PARTY IN PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.04.2025 ON IA.NO.2 IN EX.CASE NO.81/2025 AND ALL SUBSEQUENT PROCEEDINGS BY THE HON'BLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU I.E., ANNEXURE-A. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17150 WP No. 12235 of 2025 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 by the petitioner-wife aggrieved by the order dated 17.04.2025 passed in Ex.No.81/2025 by I Additional Principal Judge, Family Court, Bengaluru, wherein an application is moved for staying all further proceedings in the execution case to enable her to file Special Leave Petitions before the Hon'ble Apex Court to challenge the order dated 29.11.2024 released on 27.03.2025 in WP Nos.10091 and 19407 of 2024 (GM-FC). 2. It is submitted that when an order was passed in WP Nos.10091 and 19407 of 2024 on 29.11.2024 and the same was released on 27.03.2025 and the Family Court rejected the application on 17.04.2025 and the matter is likely to come up on 13.05.2024 before the Apex Court and the petitioner/mother sought for stay of all further proceedings by way of the impugned order. The Trial Court had dismissed the application and observed that there is nothing on record to believe the contentions of the judgment debtor that the order dated - 3 - NC: 2025:KHC:17150 WP No. 12235 of 2025 29.11.2024 in WP Nos.10091 and 19407 of 2024 (GM-FC) was released on 27.03.2025 and the Executing Court cannot stay the order passed by the Appellate Court. 3. Learned counsel appearing for the petitioner submits that the Executing Court has such a power to stay the proceedings pending further orders from the Hon'ble Apex Court. 4. The respondent/Party-in-person-Mr.Harmeet S. submits that when an appeal is filed, in the light of the settled law, the parties cannot seek, stay of the order of appellate court from the Executing court and the Court cannot interfere. He sought to rely on the judgment passed by the Co-ordinate Bench of this Court. It is submitted that the petitioner/mother has come before the Court with unclean hands and certain statements are made before the Court that are defamatory in nature inspite of an order passed by this Court. It is submitted that the petitioner/mother never obliged the orders of the Court and she cannot seek any interference from this Court and the Court had rightly dismissed the application. - 4 - NC: 2025:KHC:17150 WP No. 12235 of 2025 5. Having heard the learned counsels on either side, perused the entire material on record, this is a matter pertaining to the custody of the child. An order was passed by this Court on 29.11.2024 and the same was released on 27.03.2025. Admittedly, an appeal is preferred before the Hon'ble Apex Court and it is likely to come up on 30.04.2024. Without going into the legality or otherwise of the order impugned, this Court is in view of that, the operation of the order shall be stayed for a limited period. 6. In that view of the matter, the writ petition is disposed of, directing the Executing Court not to take any coercive steps till 02.05.2025. By 2nd May, 2025, optain favourable order from the Hon'ble Apex Court, the Executing Court is at liberty to execute the order. SD/- (LALITHA KANNEGANTI) JUDGE CPN CT: BHK