- 1 - NC: 2025:KHC-D:3591 WP No. 101315 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101315 OF 2025 (GM-CPC) BETWEEN: SRI. N. VENKATESH S/O. LATE THIMMAPPA, AGED ABOUT 51 YEARS, HINDU, OCC: AGRICULTURIST, R/O. BELAGODHAL VILLAGE, KAMPLI TALUK, BALLARI DISTRICT-583132. …PETITIONER (BY SRI. SATHISH M.S, ADVOCATE) AND: 1. SMT. N. YAMUNAMMA W/O. LATE RAMESH, AGED ABOUT 25 YEARS, HINDU, OCC: AGRICULTURIST, R/O. NEAR SUNKLAMMA TEMPLE, 1ST WARD, BELAGODHAL VILLAGE, KAMPLI TALUK, BALLARI DISTRICT-583132. 2. KUM. N. DIVYASHREE D/O. LATE RAMESH, AGED ABOUT 4 YEARS, MINOR REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER SMT. N. YAMUNAMMA W/O.LATE RAMESH, AGED ABOUT 25 YEARS, HINDU, OCC: AGRICULTURIST, R/O. NEAR SUNKLAMMA TEMPLE, 1ST WARD, BELAGODHAL VILLAGE, KAMPLI TALUK, BALLARI DISTRICT-583132. 3. HANUMANTHA S/O. N. VENKATESH, AGED ABOUT 33 YEARS, HINDU, AGRICULTURIST, R/O. BELAGODHAL VILLAGE, KAMPLI TALUK, BALLARI DISTRICT-583132. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH V/O. DATED 21/02/2025) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:22:19 +0530 - 2 - NC: 2025:KHC-D:3591 WP No. 101315 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION OR NECESSARY WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 19-10-2024 PASSED ON I.A.NO.III IN O.S.NO.127/2023 BY HON’BLE ADDITIONAL CIVIL JUDGE AND JMFC, HOSAPETE VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with in view of proposed order to be passed. 2. Petitioner is before this Court seeking for the following reliefs: a) Issue an order or direction or necessary writ of Certiorari by quashing the impugned order dated 19-10-2024 passed on I.A.No.III in O.S.No.127/2023 by Hon’ble Additional Civil Judge and JMFC, Hosapete vide Annexure-E in the interest of justice and equity. b) To grant such other relief/relief’s as this Hon’ble court deems fit and proper in the facts and circumstances of this case in the interest of justice. 3. Respondents No.1 and 2 had filed a suit in O.S.No.127/2023 before the Additional Civil Judge and JMFC, Hosapete seeking for partition and - 3 - NC: 2025:KHC-D:3591 WP No. 101315 of 2025 separate possession of the properties described in the schedule. Pending consideration of the said suit, the plaintiffs had filed application I.A.No.III under Section 19 of the Hindu Adoption and Maintenance Act seeking for interim maintenance against the 1st defendant. Defendant No.1 is the father-in-law of plaintiff No.1 and grandfather of plaintiff No.2, his son having expired. Plaintiffs are living separately and their contention was that their rights in the properties have not been made available and they have no other source of income to take care of themselves. 4. Defence urged by the petitioner herein was that the husband of plaintiff No.1 and father of plaintiff No.2 had during his lifetime executed a Gift Deed of the properties in favour of defendant No.1 and this being only property, there is no other mode of income for defendant No.1 and as such, it is contended that the awardal of interim maintenance of Rs.6,000/- per - 4 - NC: 2025:KHC-D:3591 WP No. 101315 of 2025 month is not proper and as such, the said order dated 19.10.2024 is under challenge in this proceedings. 5. Having perused the said order, it is clearly seen that plaintiff No.1 is now about 25 years of age and plaintiff No.2 is now about 4 years. The relationship between the parties has not been disputed. It is also not in dispute that the husband of plaintiff No.1, who is the son of defendant No.1 expired leaving behind a child of 3 years. In that view of the matter, the trial Court considering that there would be requirements for clothing, food and medical assistance and other essentials for surviving and further that the wife and children cannot be neglected by the father-in-law has directed the payment of a sum of Rs.6,000/- per month as interim maintenance. 6. The quantification made being reasonable, the aforesaid amount having been directed to be paid for - 5 - NC: 2025:KHC-D:3591 WP No. 101315 of 2025 2 persons pending the resolution of the suit, I do not find any infirmity in the said order of the trial Court. Hence, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 33