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2025 DAILYLAW 54064 (KAR)

SMT SYEDA AKTHAR v. SRI MOHAMMED AYUB

WP/20800/2022 · 2025-07-15

Lalitha Kanneganti

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:26130 WP No. 20800 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20800 OF 2022 (GM-FC) BETWEEN: SMT SYEDA AKTHAR W/O MOHAMMED AYUB D/O LATE SYED WARIS SAB AGED ABOUT 37 YEARS, R/O SYED MOHALLA, NEAR JAMIA SHADI MAHAL NALLUR, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. …PETITIONER (BY SRI. AMARTYASEN M.H., FOR SRI HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE) AND: SRI MOHAMMED AYUB S/O ABDUL WAHEED, AGED ABOUT 42 YEARS, LABORER R/O OLD MANIL, NT ROAD, SHIVAMOGGA. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ORDER DATED 17.09.2022 PASSED ON I.A.NO.3 IN O.S.NO.32/2021, PRODUCED AT ANNEXURE-E, PASSED BY THE HON’BLE FAMILY COURT AT SHIVAMOGGA CONSEQUENTLY ALLOW THE APPLICATION OF THE PETITIONER HEREIN FILED BEFORE THE TRIAL COURT UNDER ORDER 7 RULE 11 (d), READ WITH SECTION 151 OF CPC, PRODUCED AT ANNEXURE-C, ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26130 WP No. 20800 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY 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 the order passed in I.A.No.3 in O.S.No.32/2021 dated 17.09.2022 by the Principal Judge, Family Court, Shivamogga whereby an application filed under Order 7 Rule 11(d) Read with Section 151 of CPC to reject the plaint was dismissed. 2. By the order impugned, the Family Court had dismissed the I.A. filed by the defendant, that order is dated 17.09.2022. In this matter, the Co-ordinate Bench of this Court had issued emergent notice to the respondent. As the petitioner had failed to pay the process, the emergent notice was not issued. When the I.A. for rejection of plaint is dismissed in the year 2022, by this time there must have been substantial progress in the suit. Hence, at this point of time, no order needs to be passed in this writ petition. Accordingly, this Court is passing the following: - 3 - HC-KAR NC: 2025:KHC:26130 WP No. 20800 of 2022 ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 5