- 1 - HC-KAR NC: 2025:KHC:46324 WP No. 6101 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 6101 OF 2020 (GM-RES) BETWEEN: SMT. VIJETHA D/O SRI M.K. VISHWANATH AGED 30 YEARS NO.467 A, 1ST FLOOR, 1ST H CROSS, 6TH BLOCK, II PHASE, HOSAKERAHALLI, BANASHANKARI 3RD STAGE, GIRINAGAR, BENGALURU - 560 085. PRESENTLY R/AT NO. 411, GROUND FLOOR, 4TH MAIN, 1ST G CROSS, 6TH BLOCK, II PHASE, HOSAKERAHALLI, BANASHANKAR 3RD STAGE, GIRINAGAR, BENGALURU - 560 085. …PETITIONER (BY SRI. MANMOHAN P.N, ADVOCATE) AND: 1. THE TRIBUNAL OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS AND ASSISTANT COMMISSIONER, BANGALORE SOUTH SUB-DIVISION BENGALURU - 560 002. 2. SRI. M.K. VISHWANATH S/O ALTE M.N. KRISHNA MURTHY Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46324 WP No. 6101 of 2020 AGED 60 YEARS PRESENTLY RESIDING AT NO.715, GROUND FLOOR, 1ST B MAIN, II PHASE, 7TH BLOCK, NEAR NANJUNDESHARA STORES, BANASHANAKRI 3RD STAGE, GIRINAGAR, BENGALURU - 560 085. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; R2 - M.K VISHWANATH - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO QUASH THE ORDER DATED 26.6.2019 PASSED BY THE R-1 (PRODUCED AT ANNEXURE-M) AND CONSEQUENTIALLY DISMISS CASE NO.MSC/CR/29/17-18 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this petition, the petitioner is assailing the Order dated 26.06.2019 in Case No.MSC/CR/29/2017-18 (Annexure-M) passed by respondent No.1. 2. Heard learned counsel appearing for the parties. 3. Sri.Manmohan P.N, learned counsel appearing for the petitioner while assailing the Order at Annexure-M, invited - 3 - HC-KAR NC: 2025:KHC:46324 WP No. 6101 of 2020 the attention of the Court to the order sheet in the proceedings at Annexure-K before respondent No.1 and submitted that a fair opportunity has not been extended to the petitioner. It is also submitted that, the petitioner was pregnant during the pendency of the proceedings and therefore, the petitioner was not able to pursue the proceedings regularly and as such, submitted that a fair opportunity has not been extended to the petitioner. 4. Per contra, Sri.Mahantesh Shettar, learned Additional Government Advocate sought to justify the impugned order at Annexure-M. 5. Having taken note of the submissions made by learned counsel appearing for the parties and the reasons assigned by the petitioner as per Paragraph 6 of the writ petition, I am of the view that, a fair opportunity be extended to the petitioner, as well as to respondent No.2 to pursue the matter before respondent No.1. - 4 - HC-KAR NC: 2025:KHC:46324 WP No. 6101 of 2020 6. In that view of the matter, I proceed to pass the following; ORDER (i) The writ petition is allowed. (ii) The Order dated 26.06.2019 (Annexure-M) passed by respondent No.1 is set aside and the matter is remitted to respondent No.1 to re-hear the matter afresh after affording an opportunity of hearing to all the parties concerned and take the decision in the matter in accordance with law. (iii) All contentions of the parties are kept open. (iv) In order to avoid further delay in the matter, the petitioner and respondent No.2 are hereby directed to appear before respondent No.1 on 08.12.2025 at 3.00 pm., without awaiting any notice. SD/- (E.S.INDIRESH) JUDGE GH List No.: 1 Sl No.: 30