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2025 DAILYLAW 80548 (KAR)

SRI ABDUL NOUSHAD v. SMT SWALIYA

WP/7468/2024 · 2025-07-23

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28128 WP No. 7468 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7468 OF 2024 (GM-FC) BETWEEN: SRI ABDUL NOUSHAD AGED ABOUT 32 YEARS, S/O MUSA KUNHI, R/AT MADAKA HOUSE, ESHWARAMANGILA NETTANIGEMUDNOOR VILLAGE AND POST, PUTTUR TALUK, D K DISTRICT, KARNATAKA. …PETITIONER (BY SRI. DIXIT MADHUKESHWAR PAILU RAO., & SRI. S.K. PRABHAKAR SHETTY., ADVOCATES) AND: SMT SWALIYA W/O HANEEF ZOHARI, AGED ABOUT 31 YEARS, R/AT DANDEKAJE HOUSE, SAMPAJE VILLAGE AND POST, SULLIA TALUK D K DISTRICT, KARNATAKA. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE FILE IN G AND W C /50/2023 PENDING BEFORE THE COURT OF PRL.SR.CIVIL JUDGE AT PUTTUR, D.K, EXERCISING SUPERVISORY JURISDICTION AND GRANT RELIEF OF CUSTODY OF MINOR SON SHAYAN TO THE PETITIONER. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28128 WP No. 7468 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present Writ Petition is filed praying to call for the entire file in G. & W.C. No.50/2023, pending before the Court of Principal Senior Civil Judge at Puttur, D.K., exercising the supervisory Jurisdiction. This petition is filed by the father. The Court had permitted the father to visit the minor child. Interestingly, in this case, he had not sought for any relief and simply a relief was sought that the entire file in G.&W.C. has to be called for and grant relief of custody. With such a prayer, the petition cannot be maintained and the office has raised certain objections. 2. This is a writ petition of 2024 and from the last 1 year, the office objections are not complied with. When the matter was listed before the Court on 22.07.2025, as there was no representation on behalf of the petitioner, the matter was directed to be listed under the caption 'dismissal'. 3. Today also there is no representation. It appears that the petitioner is not interested to prosecute the matter. - 3 - HC-KAR NC: 2025:KHC:28128 WP No. 7468 of 2024 4. Hence, the Writ Petition is dismissed as not maintainable and also for non-prosecution. Sd/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 44