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2025 DAILYLAW 89992 (KAR)

MOHAMMED ILYAS v. SHAHIN BANU

WP/15450/2020 · 2025-10-15

E S Indiresh

Criminal Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40996 WP No. 15450 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 15450 OF 2020 (GM-RES) BETWEEN: MOHAMMED ILYAS AGED ABOUT 60 YEARS S/O IBRAHIM SAHEB KANNARAJADDU HOUSE, DURGANAGAR, POST KUKKUNDOOR-574104 KARKALA TALUK, UDUPI DISTRICT …PETITIONER (BY SRI. CHANDRANATH ARIGA K.,ADVOCATE) AND: 1. SHAHIN BANU W/O MOHAMMED ILYAS AGED ABOUT 40 YEARS 2. MOHAMMED SHARIK S/O MOHAMMED ILYAS AGED ABOUT 21 YEARS BOTH ARE RESIDING AT PUTHIGE KAYARPUNDU HOUSE POST MITHABAILU - 574 226 MOODABIDRI, D.K. …RESPONDENTS (BY SRI. K.V. SATHISH, AMICUS CURIAE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.10.2017 PASSED IN M.C.NO.7/2013 AND M.C.NO.325/2015 BY THE CIVIL JUDGE AND JMFC MOODABIDRI KARKALA (ANNEXURE- K AND J) AND ETC. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40996 WP No. 15450 of 2020 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 Heard learned counsel for the parties. 2. In this writ petition, the petitioner is assailing the interim order dated 13.10.2017 passed in M.C.No.7/2013 and in M.C.No.325/15 (Annexures K and J) on the file of the Civil Judge and JMFC, Moodbidri, Dakshina Kannada District as well as the order dated 14.07.2020 in Criminal Appeal No.153/2017, and 154/2017 on the file of the I Additional District and Sessions Judge, Dakshina Kannada, Mangaluru (Annexure-L). 3. Taking note of the submission made by the learned counsel for the parties, I am of the view that no interference be called for in this writ petition, at this belated stage. However, since M.C.No.7/2013 and M.C.No.325/2015 are pending on the file of Civil Judge and JMFC, Moodbidri, the Trial Court is directed to dispose of the aforementioned petitions at the earliest, within an outer limit of one year from the date of receipt of a copy of this order, if final order is not passed till today. - 3 - HC-KAR NC: 2025:KHC:40996 WP No. 15450 of 2020 4. The contentions raised by the petitioner herein with regard to payment of maintenance in terms of the impugned order, be challenged in an appeal, if so advised, after the conclusion of the proceedings in M.C.No.7/13 and 325/2015. 5. The contentions raised by the petitioner in this writ petition be kept open to be urged in an appropriate proceedings by the petitioner, if so advised. With this observation, Writ Petition is disposed of. This Court places on record the assistance rendered by Sri.K.V.Satish, Amicus Curiae appointed to assist this Court. Sd/- (E.S.INDIRESH) JUDGE rs CT-SG List No.: 1 Sl No.: 40