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2025 DAILYLAW 79760 (KAR)

VANKULPATI VINAY v. RANJANI VANKULAPATI

WP/2923/2022 · 2025-07-28

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29155 WP No. 2923 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2923 OF 2022 (GM-FC) BETWEEN: VANKULPATI VINAY S/O RAMACHANDRA REDDY AGED ABOUT 61 YEARS R/AT NO.3328, 1ST FLOOR 7TH CROSS, 13TH MAIN HAL 2ND STAGE, INDIRANGARA BANGALORE -560 008 …PETITIONER (BY SMT.P.C.VINITHA, ADVOCATE) AND: RANJANI VANKULAPATI W/O VANAKULAPATI VINAY AGED ABOUT 43 YEARS R/AT NO B-005, DEVAGIRI DIVINE APARTMENTS 30TH MAIN, BHANAGIRI LAYOUT BANASHANKARI 3RD STAGE BANGALORE -560 085 …RESPONDENT (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE ORDER 03.01.2022 ON THE APPLICATION FILED BY THE RESPONDENT UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE DATED:30.11.2020 IN MC NO.3391/2014 PASSED BY THE LEARNED II ADDITIONAL PRL. JUDGE FAMILY COURT BENGALURU VIDE ANNEXURE-A TO THE W.P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29155 WP No. 2923 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by the orders passed on I.A. on 30.11.2020 in MC No.3391/2014 dated 03.01.2022 by the III Addl. Prl. Judge, Family Court, Bengaluru, whereby the family court had allowed the I.A. filed under Section 151 of CPC on 30.11.2020. Consequently, order dated 07.09.2018 on I.A. No.14 was cancelled and the father is directed to return the minor child to the custody of the mother within 8 days from the date of this order failing which he has to undergo imprisonment and the child is returned to the mother. This order was passed on 31.11.2020 and after that the petitioner/father has approached this court. The order passed by the family court is stayed by this court and from there on the matter is pending before the court. 2. Learned counsel appearing for the respondent/mother submits that he has given up vakalath on 21.06.2025 and he has no instructions to appear. The MC is of the year 2014 and it is submitted that already G & WC has filed and withdrawn and the Counsel for the petitioner refers to the agreement between the parties. - 3 - HC-KAR NC: 2025:KHC:29155 WP No. 2923 of 2022 3. This court is not inclined to go into any of the merits of the matter particularly considering the fact that MC is of the year 2014 and because of the pending cases it is not disposed. The respondent has also not taken any steps to vacate the order and the petitioner/father is enjoying the interim order from thereon. Hence, this court deems it appropriate to direct the family court to dispose of this MC by 15th December, 2025. 4. In the light of the above discussion, this court is passing the following: ORDER i. The Family Court is directed to dispose of the MC by 15th December, 2025. Till such time, the stay granted by this court shall continue. ii. Accordingly, the writ petition is disposed off. iii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS, List No.: 1 Sl No.: 37