- 1 - HC-KAR NC: 2025:KHC:18767 WP No. 27304 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27304 OF 2024 (GM-CPC) BETWEEN: SMT.DR.BHARATHI V.S., WIFE OF SRI.KIRAN KUMAR (BABU), AGED ABOUT 35 YEARS, RESIDING AT NO.500/A, 2ND 'C' MAIN ROAD, 11TH BLOCK, NAGARABHAVI 2ND STAGE, BENGALURU – 560 072. …PETITIONER (BY SRI. VENKATESH C., ADVOCATE) AND: 1. SRI. S.K. KIRAN KUMAR (BABU), AGED ABOUT 44 YEARS, SON OF LATE KRISHNA MURTHY, 2. SMT. SUNANDA, AGED ABOUT 68 YEARS, WIFE OF S.N.KRISHNAMURTHY, BOTH ARE RESIDING AT # 500/A, 2ND 'C' MAIN ROAD, 11TH BLOCK, NAGARABHAVI 2ND STAGE, BANGALORE – 560 072. …RESPONDENTS (BY SRI. RAHUL S REDDY., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18767 WP No. 27304 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WIRT OR CERTIORARI OR ORDERS OR DIRECTIONS OF LIKE NATURE, QUASHING THE IMPUGNED ORDER DATED 24.09.2024 PASSED IN OS NO.7006/2014 THE ANNEXURE-F PASSED BY THE HONOURABLE COURT OF XLIII ADDL. CITY CIVIL JUDGE (CCH- 44) AT BANGALORE DISTRICT BY SETTING ASIDE THE DISMISSAL OF THE APPLICATION UNDER SECTION 10 READ WITH 151 OF THE CIVIL PROCEDURE CODE AND ALLOW THE SAME AS PRAYED FOR AND OTHERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Venkatesh C., learned counsel appearing for the petitioner, Sri. Rahul S. Reddy, learned counsel appearing for the respondents and have perused the material on record. 2. The petitioner-plaintiff in O.S.No.7006/2014 is before this Court calling in question an Order dated 24.09.2024, by which, the application filed by the plaintiff for - 3 - HC-KAR NC: 2025:KHC:18767 WP No. 27304 of 2024 stay of further proceedings in O.S.No.7006/2014 comes to be rejected. 3. The plaintiff is the wife of one Sri. Kiran Kumar - defendant No.1. The two have several disputes pending; two of which are seeking a decree of divorce and the restitution of conjugal rights filed by the petitioner. The petition seeking restitution of conjugal rights comes to be dismissed by a common order, which is challenged before this Court in M.F.A.No.3912/2024 c/w M.F.A.No.3737/2024 and the proceedings before the concerned Court are stayed. Since the issue was with regard to restitution of conjugal rights and that being dismissed and dismissal of which is pending before this court, the concerned Court ought to have adverted to basic facts with regard to the dismissal of the application filed by the plaintiff under Section 10 of the C.P.C. The order passed by the concerned Court reads as follows: "The only question before the court is whether plaintiff has got right of residence in the property gifted by 1st defendant in favour of 2nd defendant. The issues involved in the suit and M.C.2223/2014 is not connected with each other. The M.C.666/2015 is filed in the year 2015 after institution this suit and date of institution M.C.2223/2014 is not stated by the plaintiff in the application. Hence, from the face of record the application - 4 - HC-KAR NC: 2025:KHC:18767 WP No. 27304 of 2024 for stay of further proceedings is not maintainable and application Under Section 10 of C.P.C. is rejected. To hear on I.A. filed under Order 18 rule 17 C.P.C., by 19.10.2024." 4. The order does not refer to any contentions put forth by the plaintiff for seeking stay of the suit and also the pendency of the proceedings before this Court. 5. In the light of the fact that the order of the concerned Court does not bear even a semblance of application of mind, I deem it appropriate to set aside the order and remit the matter back to the hands of the concerned Court to decide the application filed under Section 10 of the C.P.C. by the plaintiff, in accordance with law, bearing in mind the observations made in course of the order. 6. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:18767 WP No. 27304 of 2024 (ii) The order dated 24.09.2024 passed in O.S.No.7006/2014 by the XLIII Additional City Civil Judge (CCH-44), Bengaluru, stands quashed. (iii) The matter is remitted back to the hands of the concerned Court to decide the application filed under Section 10 of the C.P.C. on its merit bearing in mind the observations made in the course of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 11