Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30966 WP No. 19932 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19932 OF 2022 (GM-FC) BETWEEN:
SRI. SRIKANTH. G. P.
S/O. G. PARAMESHWARAPPA, AGED ABOUT 36 YEARS, RESIDENT OF SHRAMASHREE NILAYA, DOOR NO.134, VEERANNA LAYOUT, 5TH STAGE, 6TH CROSS, VINOBHANAGARA, BENGALURU-577 125. ...PETITIONER (BY SRI. HANUMANTHAPPA HARAVI., ADV.) AND:
SMT. PRUTHVI M. N.
W/O. SRIKANTH. G.P.
AGED ABOUT 33 YEARS, AGADI MUTT, 3RD CROSS, ANALEKOPPA, SAGARA TALUK, SHIVAMOGGA DISTRICT, PIN-577 125. ...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING OF ENTIRE PROCEEDINGS ON IN EXECUTION PETITION NO.9/2022 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT AT SHIVAMOGGA VIDE ANNEXURE- D AND ETC.
THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30966 WP No. 19932 of 2022
ORAL ORDER
The relief that is sought for in this Writ Petition is to issue Writ in the nature of Certiorari quashing the entire proceedings in Execution No.9/2022 pending on the file of Prl.Judge, Family Court, Shivamogga.
2. The grounds that are sought in support of the case are that the proceedings in Execution No.9/2022 on the file of Prl. Judge, Family Court, Shivamogga are highly illegal and bad because of the same, the said execution filed in Execution No.2/2020, already stay is granted by Co-ordinate Bench of this Court subject to directing the petitioner to pay monthly maintenance of Rs.5,000/- as ordered by the Trial Court by
order dated 10.02.2022.
3. It was communicated to the Hon'ble Court by submitting a certified copy in WP.No.3025/2022, misunderstood the order of the Hon'ble Court and entertained the second Execution No.9/2022. It is stated that it is nothing but mockery of judiciary. Therefore, the entire proceeding in Execution No.9/2022 are highly illegal without jurisdiction and an inquiry has to be initiated in this matter because the matter was seized off by this Court in WP.No.3025/2022 and interim
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HC-KAR NC: 2025:KHC:30966 WP No. 19932 of 2022
stay is in force. Once again, the Court has entertained second execution i.e. Execution No.9/2022 on the same set of facts which is null and void and therefore, the said proceedings ought to be set aside. The execution petition No.9/2022 is filed seeking attachment of amount and also seeking arrest of JDr for non payment of an amount of Rs.80,500/-. The earlier execution petition i.e., Execution No.2/2020 is filed seeking for recovery of an amount of Rs.55,500/-. This Execution No.9/2022 is for the period from 19.01.2020 to 05.01.2021 whereas, the earlier Execution No.2/2020 is filed seeking for recovery of amount of Rs.55,500/-. This Execution No.2/2022 is for the period from 18.03.2019 till 18.01.2020. This Court is not able to understand how this execution petition is not maintainable and the allegations are made against the Judge saying that inspite of order of stay in another execution, this execution is not stayed by the Court. The petition that is filed before this Court is nothing but pure abuse of process of law. When an order is staring at the husband where he was directed to pay the maintenance, he has failed to question the order of maintenance and that order has attained finality. Now, he comes up before this Court stating that the execution is not
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HC-KAR NC: 2025:KHC:30966 WP No. 19932 of 2022
maintainable and gone to the extent of making allegations against the Judicial Officers that the High Court has to conduct inquiry. The petition that is filed is frivolous and needs to be dismissed.
4. Accordingly, this Court is passing the following:
ORDER
1. The petition is dismissed.
2. All IAs., in this writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
SSD List No.: 2 Sl No.: 7.1