- 1 - HC-KAR NC: 2025:KHC:42499 WP No. 3443 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3443 OF 2024 (GM-CPC) BETWEEN: SRI ANAND MADHUSUDAN OAK S/O. MADHUSUDAN VINAYAK OAK AGED ABOUT 71 YEARS RESIDING AT FLAT NO.102 6TH CROSS, PRITHVI LAYOUT ECC ROAD, WHITEFIELD BANGALORE - 560 066. …PETITIONER (BY SRI VINOD KUMAR M, ADV.) AND: SMT. VIMALA OAK W/O ANAND MADHUSUDAN OAK AGED ABOUT 70 YEARS RESIDING AT FLAT NO. 102 6TH CROSS, PRITHVI LAYOUT ECC ROAD, WHITEFIELD BANGALORE - 560 066. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 10.01.2024, IN O.S.NO.76/2024 ON THE FILE OF THE 1ST ADDITIONAL CIVIL JUDGE BANGALORE RURAL DISTRICT (IA NO.01/2024 PRODUCED AT ANNEXURE-G AND TO RESTRAIN THE RESPONDENT HIS AGENTS, HENCHMEN, SON OR ANY OTHER PERSONS ACTING THROUGH OR CLAIMING UNDER HER FROM RESTRAINING THE ENTRY OF THE PLAINTIFF TO THE MARITAL HOME NAMELY THE SCHEDULE APARTMENT SITUATED AT FLAT 102, ATHASHREE APARTMENT, 6TH CROSS, PRITHVI LAYOUT, ECC ROAD, WHITEFIELD, BANGALORE-560066. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42499 WP No. 3443 of 2024 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the plaintiff assailing the order dated 10.01.2024 passed by the Court of I Addl. Civil Judge, Bangalore Rural District in O.S.No.76/20024 wherein the said Court had issued emergent notice in the suit as well as on I.A.No.1/2024 to the respondent/defendant, who is the wife of the petitioner herein. 2. Learned counsel for the petitioner submits that though the petitioner has taken necessary steps before the Trial Court for service of notice on the defendant on multiple occasions, she has been avoiding service and till date service is not completed. He submits that he may be permitted to take out notice before the Trial Court through substituted service and through e-mail on the defendant and granting such liberty, this petition may be disposed of. 3. The said submission is placed on record. - 3 - HC-KAR NC: 2025:KHC:42499 WP No. 3443 of 2024 4. The writ petition is disposed of with a liberty to the petitioner to take out steps in the manner known to law including filing application for substituted service of notice on the defendant through paper publication or for the purpose of service of notice in the suit before the Trial Court through e- mail and if such attempt is made by the petitioner, the Trial Court shall consider the same in accordance with law. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 29