- 1 - HC-KAR NC: 2025:KHC:29123 WP No. 22429 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22429 OF 2025 (GM-CPC) BETWEEN: 1. SMT. LATHA D/O SHANTHAPPA.B.K, WIFE OF LATE Y.C. VASANTHA, AGED ABOUT 35 YEARS, WORKING AS WOMEN POLICE, TARIKERE POLICE STATION, RESIDING AT BILUVALA VILLAGE AND POST, KASABA HOBLI, KADUR TALUK - 577 548, CHIKKAMAGALURU DISTRICT. PRESENTLY RESIDING AT BALEHONNUR POLICE QUARTERS BLOCK-3, BALEHONNUR POLICE STATION, N.R. PURA TALUK - 577 112, CHIKKAMAGALURU DISTRICT. …PETITIONER (BY SRI. FAYAZ SAB, ADVOCATE FOR SRI. H.B. RAJU,ADVOCATE) AND: 1. SRI. CHANNAPPA SINCE DEAD BY HIS LR SRI Y.C.GOPI SON OF CHANNAPPA, AGED ABOUT 45 YEARS, WORKING AS TEACHER, RESIDING AT VIDHYANAGARA, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29123 WP No. 22429 of 2025 KADUR TOWN, KADUR TALUK-577 548, CHIKKAMAGALURU DISTRICT. 2. SMT.VIJAYALAKSHMI D/O CHANNAPPA, AGED ABOUT 50 YEARS, RESIDING AT KUVEMPU NAGARA, MYSURU-570 023. 3. SMT.NAGARATHNA, D/O CHANNAPPA, AGED ABOUT 48 YEARS, WORKING AS TEACHER, RESIDING AT YAGATI VILLAGE, KADUR TALUK-577 548, CHIKKAMAGALURU DISTRICT 4. THE DEPUTY DIRECTOR OF PUBLIC (ADMINISTRATION) DEPARTMENT OF PUBLIC EDUCATION, ZILLA PANCHAYATH, CHIKKAMAGALURU-577 101. 5. BLOCK EDUCATION OFFICER, BEO OFFICE, MUDIGERE-577 132, CHIKKAMAGALURU DISTRICT. 6. THE OFFICER, KARNATAKA GOVERNMENT INSURANCE DEPARTMENT NEAR ZILLA PANCHAYATH, CHIKKAMAGALURU-577 101. - 3 - HC-KAR NC: 2025:KHC:29123 WP No. 22429 of 2025 7. THE MANAGER LIFE INSURANCE CORPORATION OF INDIA, OPPOSITE POLICE STATION, MUDIGERE-577 132, CHIKKAMAGALURU DISTRICT. 8. THE MANAGER, LIFE INSURANCE CORPORATION OF INDIA, U.B.ROAD, KADUR-577 540, CHIKKAMAGALURU DISTRICT. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET SIDE AN IMPUGNED ORDER DATED 02.08.2024 PASSED ON I.A.NO.2 FILED UNDER SECTION 94(E) OF CODE OF CIVIL PROCEDURE, 1908 IN O.S.NO.321/2024 ON THE FILE OF II ADDL. CIVIL JUDGE, KADUR, WHICH IS PRODUCED AND MARKED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – defendant No.1 is before this Court calling in question an order 02.08.2024, passed by the II Additional Civil Judge, Kadur, whereby, an application – I.A.No.2 filed under Section 94(e) of the CPC, by the deceased plaintiff No.1 seeking a prohibitory order restraining the - 4 - HC-KAR NC: 2025:KHC:29123 WP No. 22429 of 2025 petitioner and respondent Nos.5 to 9 from releasing the service benefits of late Y.C.Vasantha in favour of the petitioner, in O.S.No.321/2024, is allowed. 2. Heard Sri Fayaz Sab, learned counsel appearing for Sri H.B.Raju, learned counsel for the petitioner. Notice to respondents not issued. 3. Facts in brief, germane, are as follows: The petitioner is said to be working as a Police Constable and one Y.C.Vasantha was working as a Government School Teacher. They fall in love and marriage is said to have solemnized between them on 07.02.2010, which is also registered before the jurisdictional Sub-Registrar and the couple are said to be having two children. Y.C.Vasantha dies while in service, on 01.04.2024. On the death of the wife of the petitioner, there springs a dispute between the two people, one Channappa, the brother/relative of the deceased Y.C.Vasantha and the petitioner. The dispute leads to the legal heirs of original plaintiff preferring an application under Section - 5 - HC-KAR NC: 2025:KHC:29123 WP No. 22429 of 2025 94(e) of the CPC seeking a direction not to release the terminal benefits in favour of the petitioner. The concerned Court in terms of the order dated 02.08.2024, is said to have allowed the application – I.A.No.2. Against the said order, the petitioner prefers a miscellaneous appeal before the first appellate Court in M.A.No.11/2024. The first appellate Court rejects M.A.No.11/2024 for want of maintainability. It is the order passed in O.S.No.321/2024, on I.A.No.2 has driven the petitioner to this Court in the subject petition. 4. Learned counsel for the petitioner submits that the application under Section 94(e) of the CPC should not have been entertained at all, as the petitioner is the legally wedded wife of the deceased government servant and all the service benefits should flow to the petitioner. He would however, at this juncture restrict his submission for an early disposal of the suit in O.S.No.321/2024, owing to the fact that the parties to the lis are wanting the pension benefits and claim for compassionate appointment in the Government Department. - 6 - HC-KAR NC: 2025:KHC:29123 WP No. 22429 of 2025 5. In the light of the submission of the learned counsel for the petitioner and its restriction to only a direction to dispose the suit expeditiously, I deem it appropriate to dispose the subject petition, with a direction to the concerned Court to dispose the suit in O.S.No.321/2024, within an outer limit of 4 months from the date of receipt of a copy of the order. 6. Generally, direction to dispose the suit would not be rendered for the asking. In the case at hand, pension and the receipt of terminal benefits and incidental benefits thereto, of the deceased Government servant is being agitated before the concerned Court. In the light of it being the issue of terminal benefits of the deceased government servant, the aforesaid direction to dispose the suit, within an outer limit of four months is granted. 7. For the aforesaid reasons, the following: ORDER a. The writ petition is disposed, without interfering with the order impugned dated 02.08.2024. - 7 - HC-KAR NC: 2025:KHC:29123 WP No. 22429 of 2025 b. The concerned Court shall endeavour to conclude the proceedings within an outer limit of four months, from the date of receipt of a copy of the order. c. It is needless to observe that the parties to the lis shall cooperate for the aforesaid direction for disposal of the suit. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE nvj List No.: 1 Sl No.: 149