W.P.NO.17259[200'7
IN THE HIGH comm" OF K"AizNA1*A:m AT BANGALORE
DATED THIS THE 2673 DAY OF OCTOBER 2009
BEFORE
THE HON'BLE MRJUSTICE H.G.RAMESH...'.' : "
WRIT PETITION N0.17259/2007 (enagfiej E E T
BETWEEN:
Bhaskara P.
S/0 P.S.Puttanna Gowda
Aged about 48 years
Resident of Pareppady House
Devachalla Village . " j " "
Sul1iaTaiuk, D.K. _ ;j 1 "=--ffi.,"P.ETITIONER
{By Sri.M.J.A1va, 1'\clv.) V
AND:
Anitha Bhaskara ' , .
W / 0 Bhaskafa__4am:1 .
D/0 Raghava Gbwdaaa
_ . Aged ai):out'~37 years .
Resident of :M0ntadkaV Heilse
alsoor Village Sonangeri Post
Sul1ia5.T;a11_1:'1<;,_ .. RESPONDENT
{By Adv. For
SriLK.MlNataraj, Adv.)
- " V. " r sThisV'Writ Petition is filed under Articles 226 and 227 of
E fheV.Coi;stitution of India praying to quash the impugned
._EQrcler"dt.30.8.2007 passed by the learned Addl. Civil Judge
Vtsraan.) 8: Addl. CJM., Puttur, DK. in M.C.No. 10/04 which is
~, produced as per Annexure~A, etc.,.
W.P.NO. 1 7259 g 2007
This Writ Petition coming on for Preliminary Hearing in
'B' Group this day. the Court made the fonowing: 7
ORDER
This Writ Petition by the
against an interlocutory order
passed by the Court of the-.___Addit.ion_a1
[Sr.Dn.], Puttur on I.A.I filed: :n_ 1\}I;-c.:N§.1o/2004.
M.C.No.1()/2004 has petitioner for
restitution of conjugal rightsgj ‘
2. By the trial Court has awarded
an Rs.5,’O'(}t0/– per month to the
respondentfverife a.nd’:_:h_er./,ti>\rr§.~-‘cI:1i1dren–a daughter and a
son; it_iS stated that Atheisdaughter is studying in final
year enginieer’ing Course and the son is studying in first
year..engin’eerin’g.Veourse. Further, the petitioner is also
directed AI§s.5,O00/~ towards litigation expenses.
Vddfljiave heard the learned Counsel appearing for the
and perused the impugned order.
£1»: /
Y5’
‘vV.P.NO.17259g2007
-3″
4. Learned Counsel appearing for the petitioner in
support of the writ petition submitted thatellthae
respondent has her own income from the land”‘bearirig___
Sy.No.l36 and hence the it
unsustainable in law.
5. The trial Court has found-that lthoixgh
land is in the name of the respondent, it is ‘possession
and enjoyment of the peti.ti’oner. C’ V
6. I have exam.ined:.tl’1e. ifmatter it light of the
principles” Slulprerne Court in SURYA
DEV RAI [AIR 2003 so 3044)
relating to e§§er.cise ‘Foil jurisdiction under Articles 226 &
.227 Constitution of India pertaining to
passed by Courts subordinate to the
_High”‘Cou,__rt..ll my opinion, the impugned order cannot
said have resulted in failure of justice so as to
_’ ewa._rran’t interference under the extraordinary jurisdiction
1 .* ,
“2:’l EV?
W.P.NO. 1 7259 g 2007
W42
of this Court under Articles 226 and 227 of the
Constitution of India.
Petition dismissed.
KNM / ~Ata
sdfé if 7 72