Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:38863 WP No. 9137 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9137 OF 2025 (GM-FC) BETWEEN:
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B. S. RAGHAVENDRA RAO S/O LATE H A SUBBA RAO, AGED ABOUT 67 YEARS, M/S NISARGA OLD AGE HOME AND SHELTER FOR HOMELESS PEOPLE HOSAPALYA, AGARA, NEW CHOWDESWARI TEMPLE, BANGALORE SOUTH, BANGALORE-560062 …PETITIONER (BY SMT. ANURADHA S.K. ADVOCATE, ABSENT) AND:
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SMT. RAJESHWARI RAO W/O SHRI. RAGHAVENDRA RAO SRINANDANA, NO.
15, 5TH CROSS, 8TH MAIN, KRANTIYOGI SIDDARAMA CIRCLE, HOYSALA NAGAR, DOORVANI NAGAR POST, BANGALORE 560 016 …RESPONDENT
THIS WRIT PETITION UNDER 227 OF CONSTITUTION OF INDIA IS FILED PRAYING TO EXERCISE SUPERVISORY JURISDICTION IN THIS MATTER BY QUASHING THE JUDGEMENT AND DECREE PASSED IN OS NO. 293/2023 DTD 15.07.2024 PASSED BY THE IST ADDL FAMILY COURT VIDE ANNX-A AND REMAND THE CASE TO THE FAMILY COURT WITH
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:38863 WP No. 9137 of 2025
APPROPRIATE GUIDELINES TO DECIDE THE MATTER AFRESH IN THE LIGHT OF THE GUIDELINES.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed questioning judgment and decree passed in O.S.No.293/2023 dated 15.07.2024, passed by the I Additional Family Court, Bangalore and sought a direction to remand the matter to the Family Court with appropriate guidelines to decide the matter afresh.
2. Office raised objections with regard to maintainability of this writ petition.
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Learned counsel appearing for the petitioner submits that Section 19(1) of the Family Court Act provides for an appeal from the judgment and order passed for the Family Court which does not bar filing of the writ petition invoking supervisory jurisdiction under Article 227 of the Constitution of India. If the judgment and order is perverse whether the writ petition is maintainable against the order dated 15.07.2024 passed by the I Additional Family Court is to be decided by the
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HC-KAR NC: 2025:KHC:38863 WP No. 9137 of 2025
Hon'ble Court in the light of the question of law in this writ petition. Office objections as per the same may be placed before the Court.
4. There is no representation on behalf of the petitioner. The submission of the learned counsel is untenable under Article 227 of the constitution of India. This Court is not dealing with any appeal, it is only revision. The Family Courts Act is very clear in this aspect.
5. The office objections are upheld. The writ petition is dismissed as not maintainable by giving liberty to the petitioner to avail the appropriate remedy by 25.10.2025.
6. Registry shall return all the papers to the petitioner. For the statistical purposes writ petition stands disposed off.
7. All I.As. in the writ petition shall stand closed
SD/- (LALITHA KANNEGANTI) JUDGE
HR