- 1 - NC: 2025:KHC:1824 WP No. 28477 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28477 OF 2024 (GM-RES) BETWEEN: SRI BALAJI C P S/O. C. V. PANDURANGA, AGED ABOUT 54 YEARS, R/AT FLAT NO. PH 401, H BLOCK, 4TH FLOOR, PURVA PANORAMMA APARTMENT, BANNERGHATTA ROAD, BANGALORE-560 076. …PETITIONER (BY SRI. UDAYA PRAKASH M.,ADVOCATE) AND: SMT SUMA KIRAN C B W/O. BALAJI. C. P. , AGED ABOUT 45 YEARS, R/AT NO. 301, 11TH A CROSS, 20TH MAIN, J. P. NAGAR, 2ND PHASE, BANGALORE-560 078. …RESPONDENT (BY SRI.C.V. SRINIVASA., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.09.2024 PASSED ON I.A.NO. 11 FILED UNDER ORDER 39 RULE 1 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1824 WP No. 28477 of 2024 AND 2 WITH SECTION 151 OF CIVIL PROCEDURE CODE AND SECTION 23 OF PWDV ACT 2005, IN CRL.MIS.NO.176/2023 ON THE FILE OF METROPOLITAN MAGISTRATE TRAFFIC COURT-V AT BANGALORE MARKED AS ANNX-A; QUASH THE ORDER DATED 13.09.2024 PASSED ON I.A.NO. 12 FILED UNDER SECTION 23 PWDV ACT 2005 IN CRL.MIS.NO. 176/2023 ON THE FILE OF METROPOLIATN MAGISTRATE TRAFFIC COURT-V AT BANGALORE MARKED AS ANNX-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the husband, who is arrayed as a respondent in Crl. Misc. No.176/2023 initiated by the respondent - wife under Protection of Women from Domestic Violence Act, 2005 [for short, 'the PWDV Act'], challenges the impugned order dated 13.09.2024 whereby, the applications [I.A.Nos.11 and 12] filed by the respondent - wife were allowed by the trial Court. 2. On 28.11.2024, this Court passed the following interim order: "The petitioner shall maintain status-quo qua the properties that form the subject matter - 3 - NC: 2025:KHC:1824 WP No. 28477 of 2024 of I.A.Nos.11 and 12 before the concerned Court, where the concerned Court has directed the petitioner not to alienate the property, till the next date of hearing. List this matter on 06.12.2024." 3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the specific assertion on part of the petitioner that he intends to file objections to I.A.Nos.11 and 12 which had not been filed by him prior to passing the impugned order, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order insofar as I.A.Nos.11 and 12 are concerned and remit the matter back to the trial Court for reconsideration afresh in accordance with law after providing sufficient and reasonable opportunity to both the parties. 4. The trial Court shall permit the petitioner - husband to file objections to I.A.Nos.11 and 12 on the next date of hearing and dispose of the applications bearing in mind the timeline prescribed under the PWDV Act. In addition thereto, the aforesaid interim order of status quo dated 28.11.2024 passed by this Court shall - 4 - NC: 2025:KHC:1824 WP No. 28477 of 2024 continue to remain in force and operate between the parties till the disposal of I.A.Nos.11 and 12. The petition stands disposed of accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB