- 1 - HC-KAR NC: 2025:KHC:33410 WP No. 8799 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8799 OF 2021 (GM-FC) BETWEEN: PRADEEP CHANDRA SHETTY AGED 57 YEARS S/O Y. MOHAN SHETTY, R/AT KANYANA MANE, POST-YERMAL BADA, UDUPI - 574119. …PETITIONER (BY SRI. SUDESH KUMAR ACHARYA U., ADVOCATE) AND: SANGEETHA SHETTY AGED 48 YEARS W/O PRADEEP CHANDRA SHETY D/O MRS. SHAKUNTHALA N. SHETTY R/AT ADVE PARARI VILLAGE AND POST NANDIKOOR, KAUP TALUK, UDUPI DISTRICT-574138. …RESPONDENT (BY MS. RAKSHITHA, ADVOCATE. FOR SRI. AJITH ANAND SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 22.02.2021 PASSED IN IA NO.1 IN M.C.NO.97/2019 ON THE FILE OF THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ACJM UDUPI, VIDE ANNEXURE-A AND ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33410 WP No. 8799 of 2021 THIS PETITION, COMING ON FOR PART-HEARD MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in IA No.1 in M.C.No.97/2019 dated 22.02.2021 by the Additional Senior Civil Judge and ACJM, Udupi, whereby the application filed under Section 151 of Code of Civil Procedure to stay further proceedings till pending disposal of M.C.No.359/2019 pending on the file of Family Court, Hubballi, is dismissed and the matter is posted for petitioner's evidence by 23.03.2021, the petitioner/husband is before this Court. 2. The petitioner/husband had filed M.C.No.359/2019 on the file of Family Court, Hubballi, seeking restitution of conjugal rights. The respondent/wife had filed M.C.No.97/2019 on the file of Prl. Addl. Senior Civil Judge, Udupi, seeking divorce. The present application came to be filed seeking stay of all further proceedings in the divorce case till the restitution case is ordered and that came to be dismissed by order impugned. - 3 - HC-KAR NC: 2025:KHC:33410 WP No. 8799 of 2021 3. Learned counsel appearing for the petitioner/husband submits that the M.C.No.359/2019 is already allowed and submits that the Family Court, had directed the parties to be present so that the matter can be amicably settled. It is further submitted that the matter may be adjourned, in the meantime, the parties can settle the matter before the Family Court as the said Court has ordered for the appearance of the parties. 4. Learned counsel for the respondent/wife submits that though it is stated that the husband is ready for settlement but he has not come forward. 5. Having heard the learned counsels on either side, perused the material on record. If there is settlement between the parties and as the Family Court has already directed for appearance of the parties, the present order shall not come in the way of settlement. The limited issue before this Court is to examine whether the impugned order is justified or not? Further, in the light of the fact that the reason for filing this application is pending restitution petition. According to the petitioner, unless and until the restitution is decided, the - 4 - HC-KAR NC: 2025:KHC:33410 WP No. 8799 of 2021 M.C.No.97/2019 seeking for divorce cannot be proceeded with. Now, by virtue of the order passed in restitution petition, nothing survives for consideration in this petition. Accordingly, in view of the disposal of M.C.No.359/2019, no further orders are required to be passed in this petition. It is, however, open to the parties to proceed for mediation as directed by the Family Court, Hubballi. 6. In that view of the matter, this Court is passing the following: ORDER i. The writ petition is disposed of. ii. All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 1 Sl No.: 1