- 1 - HC-KAR NC: 2025:KHC:36651 WP No. 16301 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.16301 OF 2025 (GM-FC) BETWEEN: SRI. SATISHA S, S/O LATE SANNAPPA, AGED ABOUT 44 YEARS, EARLIER R/AT HRV QUARTERS, HOLENARSIPURA, PRESENTLY R/AT GAYATHRI BADAVANE CHANNARAYAPATNA, HASSAN DISTRICT – 573 116. …PETITIONER (BY SRI. B. PURANDARA, ADVOCATE) AND: SMT. NANDINI, W/O SATISHA, D/O DEVARAJU, AGED ABOUT 31 YEARS, R/AT FARM HOUSE, NEAR HOLENARASIPURA FIRE STATION, WARD NO.30, ARKALGUD ROAD, HOLENARSIPURA TOWN. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) A WRIT OF CERTIORARI OR ANY OTHER WRIT / DIRECTIONS / ORDER QUASHING THE ORDER DATED 20.03.2025 PASSED ON IA-14 IN M.C NO.35/2016 BY THE SENIOR CIVIL JUDGE & JMFC AT HOLENARSIPURA, PRODUCED AT ANNEXURE-A; b) CONSEQUENTLY, DISMISS THE INTERIM APPLICATION NO.14 FILED BY THE RESPONDENT HEREIN IN MC NO.35/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AT HOLENARSIPURA; c) PASS SUCH OTHER ORDER/S THAT THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36651 WP No. 16301 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.XIV in M.C.No.35/2016 dated 20.03.2025 by the Senior Civil Judge & JMFC, Holenarasipura, whereby the trial Court had allowed the application that is filed by the wife under Section 151 of CPC, all further proceedings are stayed till payment of arrears of interim maintenance by the petitioner/husband. 2. Learned counsel appearing for the petitioner submits that this is the M.C. of the year 2016 and the wife is not co- operating with the trial and there may be a direction to the trial Court to dispose of the matter expeditiously and he will make the payments. 3. If the petitioner had made the payments, there would be no occasion for the Court to pass an order and there would be no occasion for the respondent/wife to file an application under Section 151 of CPC seeking suitable orders from the Court. The order that is passed by the trial Court is perfectly in accordance with the powers vested with the trial Court under Section 151 of CPC. This Court is not inclined to interfere with - 3 - HC-KAR NC: 2025:KHC:36651 WP No. 16301 of 2025 the order impugned. However, if the petitioner pays the entire arrears within a period of 15 days from the date of receipt of the copy of the order, as this is an M.C. filed in the year 2016, the trial Court shall hear the matter and dispose of M.C.No.35/2016 by 15.12.2025. Accordingly, this Court is passing the following order: ORDER i. If the petitioner pays the entire arrears within a period of 15 days from the date of receipt of the copy of this order, as this is an M.C. filed in the year 2016, the trial Court shall hear the matter and dispose of M.C.No.35/2016 by 15.12.2022. ii. This Court is not proposing to issue notice to the respondent as no adverse orders are passed against the respondent and disposal of the case is in the interest of both the parties. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 7