- 1 - HC-KAR NC: 2025:KHC:45497 WP No. 3828 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3828 OF 2019 (GM-CPC) BETWEEN: SHRI VEERENDRA S/O BASAVARAJAPPA GOWDA AGED ABOUT 42 YEARS R/O GUNURU VILLAGE HIREMANE POST, TALAGUPPA HOBLI, SAGAR TALUK SAGAR - 577 401. …PETITIONER (BY SRI B.N. SHETTY, ADV.) AND: 1. SMT. REKHA W/O LATE VIJAYAKUMAR AGED ABOUT 35 YEARS AGRICULTURIST. 2. BHARGAV S/O VIJAYAKUMAWR MINOR REP. BY HIS NEXT FRIEND AND NATURAL GUARDIAN MOTHER THE 1ST RESPONDENT REKHA BOTH ARE RESIDING AT GONURU VILLAGE HIREMANE POST, TALAGUPPA HOBLI SAGAR TALUK, SAGAR - 577 401. …RESPONDENTS (BY SRI UMESH MOOLIMANI, ADV., FOR SRI S.V. PRAKASH, ADV., FOR R-1) THIS W.P. FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 13.11.2018 PASSED BY THE PRINCIPAL SR.CIVIL JUDGE & JMFC, SAGAR ON Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45497 WP No. 3828 of 2019 I.A.NO.VI IN O.S.NO.31/2017 FILED UNDER SEC.151 OF CPC AS PER ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant no.1 is before this Court in this writ petition under Article 227 of the Constitution of India with a prayer to set aside the order dated 13.11.2018 passed by the Court of Principal Senior Civil Judge & JMFC, Sagar on I.A.No.VI in O.S.No.31 of 2017. 2. Heard the learned counsel appearing for the parties. 3. Respondents herein have filed suit in O.S.No.31 of 2017 before the jurisdictional civil Court at Sagar seeking the relief of partition and separate possession of the suit schedule properties claiming half share in the suit schedule property and also for mesne profits. The sole defendant has filed written statement opposing the suit claim. I.A.No.VI was filed on behalf of the plaintiffs under Section 151 of CPC claiming interim maintenance of ₹.75,000/- per month and also litigation expenses of ₹.10,000/-. The said application was opposed by - 3 - HC-KAR NC: 2025:KHC:45497 WP No. 3828 of 2019 the defendant by filing objection and the trial Court, vide the order impugned has partly allowed the application and has directed the defendant to pay ₹.5,000/- towards litigation expenses and interim maintenance at the rate of ₹.9,000/- per month to the applicants / plaintiffs. Being aggrieved by the said order, defendant No.1 is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that a separate suit in O.S.No.43 of 2017 is filed by the parents of the defendants and the plaintiffs in the present case are party defendant in the said suit. In the said suit, Basavarajappa Gowdaru, who is the father of the petitioner and father-in-law of the respondent no.1 herein has agreed to pay sum of ₹.1,00,000/- per year towards the maintenance of the respondents herein. He submits that, the trial Court without appreciating this aspect of the matter has erred in passing the impugned order. 5. Learned counsel for the respondents submits that having regard to the present cost of living, maintenance amount awarded to the respondents is on the lower side. Respondents have taken shelter in the parents' house of - 4 - HC-KAR NC: 2025:KHC:45497 WP No. 3828 of 2019 respondent no.1 and the suit schedule properties are being enjoyed by the defendant and his family members. The trial court having appreciated this aspect of the matter has rightly allowed the application. He submits that suit is at the stage of recording defendants' evidence and at present the interim maintenance granted is being paid by the defendant. The status quo which is prevailing as on this date may be continued and a direction may be issued to the trial Court to dispose of the suit expeditiously on merits. 6. Learned counsel for the petitioner submits that he has no objection for disposing of the writ petition with aforesaid observations. 7. Accordingly, the following:- ORDER (i) Writ petition is disposed of with a request to the trial Court to expedite the trial in O.S.No.31 of 2017 and dispose of the suit on merits as expeditiously as possible, but not later than a period of - 5 - HC-KAR NC: 2025:KHC:45497 WP No. 3828 of 2019 six months from the date of receipt of certified copy of this order. (ii) The status quo prevailing as on this day with regard to payment of maintenance to the respondents herein to continue till the disposal of the suit by the trial Court. Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 38