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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD V
DATED THIS THE mm DAY 0? APRiL, 2009 f ~ :... :' ,
BEFORE 4' '«'
THE HQNBLE MR.JUST!C_E..AJ_I'I' J._{}UN;1;}$§. "
WRIT PETITION No.14441z/2Qe?g%;.}I§I«c3I>C3'- 7
BETW BEN:
SI-IRI. BASAVARAJ GURAPPA BIJJARGI
AGED ABOUT 65 YEARS, I « _
occ: RETIRED QFFICIAL AMI) .AGRI1:..-._ .
R/O MOPAGARA ONI,'PHE3RDAL_ ;
TALUK JAMKHAN'Di $87 301, '
_ . ...PE'I'I'I'IONER
(BY SR1. c;.'i.gusI1pSRI §v§.B.NARGUND, ADVSJ
AND: * V V 3
2. sMTI.PRA'8HU'G{IRAiPPA BIJJARGI
A939 ABOUT"48...Y.EARS, occ: BUSINESS
"F?/(3 maeaanu cow mmzxs HOUSE,
I ~ (3AN_I3Erii«.CHQWK, MAHALINGAPURA,
'm_.;5--K I's.!II.r2I;.c:.c::'«;_<:ooI,1§:, R/O GORISH NAGAR,
*' _JANiKHAND158?301.
SAMT. CHINNAWWA GURAPPPI BIJJARGE
AGE MAJOR, OCC: HOUSEHOLD WORK,
REPRESENTED BY COUZ?'I' GUARDEAN
SI-{RI S.Cz. BHUMAN, ADVOCATE
JAMKHANM 587 30:. HIRESPONDENTS
(BY SRI. MRUTHYUNJAY TATA BARS}, ADV. FOR R4 AND 2,
R3 SERVED.)
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THIS PETITION IS FILED UNDER ARTICLES 226 AND 22′?’
OF THE CONSTFPUTION OF’ INDIA PRAYING TO QUASH
ANNEXUREJ-I THE ORDER DATED 6.7.200′? PASSED. ¥N
O.S.N0.8/2003 ON THE F’¥I..E OF PRINC§PAL-._:”-«CWIL
JUDGE(SR.DVN) JAMAKHANDI AND ETC. it ‘ . L’ A’ V.
THIS PETITION COMING ON FOR F-REL:M11§e{R\’i;i»1A’Ei?:I§G
mamwmwmsmmnmmmmmmmnmmmnmma=
oRnERpdd pp..;,%_
The petitioner is defendant-..No.VI. ‘Rfcspondent. V ‘
Nos. 1 and 2 are the 2. No.3
is defendant. filed for partition and
separdteipossese-:”i;(t;n;”.. application is maintained for
maintenanoeiv to ..’taI<eVie.are of respondent No.3 herein
Vehéllenged and is being treated in the
" application is made for maintenance.
of the said application, the learned
ifiitidge had granted a sum of Rs.2,50(}/~ but
Vhowtever inadvertently did not say as to Whether it is
i = -znontlfly or armtlafly. Hence, an application is made for
clarification and also for removal of the ambiguity. The
said application is ganted holding that interim W
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maintenance granted at Rs.2,500/- is per Inonth. The
said order is questioned in this writ petition.
2. The learned counsel appearing foiy the
petitioner submits that modification has
without notice to him.
1 and 2 submits that
the oraei~ 4is’j1t1s’tfa.t1d gmpgr.
zI it the perused the impugned order.
is no indication in the order impugied
the’ igietitioner was heard or not. In fact, the order
sheetis silent about it. Be that as it may, the said grant
‘ofiijfilaizitenanoe is pending disposal of the application
__§i.A.No.IX but, however, instead of remitting the matter,
it is desirable that a certain amount is fixed by this
Court and the same is required ta be deposited by the W
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petitioner in the trial Court and the Court
respondent No.3 shall make__.t1se of for r _
mamtenanoe of respondent No.3,
the petitioner and respoiiderit Nosrl
other than the sonsflxof isfitxite that
none of the sons – care of their
mentally chellenged Viioiiieirer, it is brought
to my is in the hands of
the Li’But–».j§gereVer,…1%espondent Nos.1 and 2
cannetgiiy certain amount in the
court for their mother. Consequently,
v passed:
pefifioner shall deposit a sum of
«(Rupees fifteen thousand only).
Reeiiondent Nos.1 and 2 together shall deposit
a additional sum of Rs.I5,000/-{Rupees
fifteen thousand only) in the trial Court. The
enfire amount of Rs.3G,{)OO(Rupees thirty
thousand only) shall be made use of by the
/
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Court guardian for the maintenance of fl
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respondent No.3. This arrangement is for a
period of six: months
(ii) the amount which is deposited in
she}; be paid to the Court Guar’di_aii”‘o1i;._j_ _
application made by him from time’ V’
withdrawing the amounitf’ The
be deposited by tire Vf
respondents 1 and .. Via v V nfm i
month from today. for the
certified copy the emount
is pssssesiss otieevmontli, the Court shall
erisurevfiiaait amount is recovered as
‘of ‘revenue from them.
rsesesisssssssoss, petition stands disposed of
‘ .a1eo’ttieie..qrlier appiication filed for maintenance. If
i seesssssess ss airesdy disposed of, the learned trial
Judges” dispose of the same Within a period of three
V’ * from the date of receipt of this order.
Sd/-5
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