Full Judgment Text
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NC: 2026:KHC:9959
WP No. 21561 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 18 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 21561 OF 2022 (GM-FC)
BETWEEN:
1. CHI. DAKSHITH S.,
S/O S. SHASHIKIRAN,
AGED ABOUT 2 1/2 YEARS,
MINOR REPRESENTED BY
NATURAL GUARDIAN MOTHER
SMT. M.S. KAVYASHREE
2. SMT. M.S. KAVYASHREE
W/O S. SHASHIKIRAN
AGED ABOUT 30 YEARS
BOTH ARE R/AT NO. 278,
USHA NILAYA, 1ST CROSS
Digitally signed by
AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
SINDHU MARGA, KAVERINAGAR
1ST STAGE, MANDYA - 571401
…PETITIONERS
(BY SRI. SHANKARANARAYANA BHAT N., ADVOCATE)
AND:
1. SRI. S. SHASHIKIRAN
S/O LATE S.K. SHIVANANJEGOWDA
AGED ABOUT 31 YEARS,
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WP No. 21561 of 2022
HC-KAR
WORKING AS SDA IN D.C OFFICE,
MANDYA - 571 401.
2.
SMT. H.M. SUJATHA
W/O LATE S.K. SHIVANANJEGOWDA,
AGED ABOUT 49 YEARS,
R/AT NO. 74,
SARANYA NILAYA
KAVERI NAGAR,
2ND STAGE,
MANDYA - 571 401.
…RESPONDENTS
(BY SRI. SHREYAS B.S., ADVOCATE FOR
SRI. PUTTE GOWDA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS AND QUASH AND MODIFY THE ORDER OF THE
COURT OF THE PRL. SENIOR CIVIL JUDGE AND CJM AT
MANDYA ON I.A.NO.1 IN O.S.NO.158/2021 DTD 25.08.2022
MARKED AS ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR PART HEARD IN
B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2026:KHC:9959
WP No. 21561 of 2022
HC-KAR
ORAL ORDER
Heard Sri.Shankaranarayana Bhat.N learned counsel
for petitioners as well as Sri.Shreyas.B.S who represents
Sri.Puttegowda.K learned counsel on record for respondent
Nos.1 and 2.
2. Seeking the Court to issue a writ of certiorari or
any other appropriate writ and thereby to quash or modify
the order that is rendered by the Court of Principal Senior
Civil Judge, Mandya on I.A.No.I in OS.No.158/2021 dated
25.08.2022, this writ petition is filed.
3. Learned counsel for the petitioners submit that
petitioner No.1 is minor son and petitioner No.2 is the wife
of respondent No.1. Respondent No.2 is the mother of
respondent No.1. Petitioners filed a suit against
respondents seeking maintenance and also for partition of
suit schedule properties. They also moved an interlocutory
application i.e., I.A.No.I for grant of maintenance
pendente lite . The Court of Senior Civil Judge, Mandya
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NC: 2026:KHC:9959
WP No. 21561 of 2022
HC-KAR
through the impugned order directed respondent No.1
herein to pay petitioner No.1 a sum of Rs.5,000/- per
month pendente lite and litigation expenses of
Rs.10,000/-. No maintenance whatsoever was granted to
petitioner No.2. Learned counsel states that respondent
No.1 is working as Second Division Assistant at DC Office,
Mandya and he is earning huge amount. That apart,
respondent No.1 is getting income from the suit schedule
property. Item Nos.1 to 8 of the suit schedule properties
stand in the name of grandfather of respondent No.1, item
Nos.9 to 11 of the suit schedule properties stand in the
name of respondent No.1 himself and Item Nos.12 to 23
stand in the name of the mother of respondent No.1 who
is Respondent No.2 herein. Without considering the
income which respondent No.1 derives through the said
property, the Court of Senior Civil Judge, Mandya granted
meagre sum towards maintenance of petitioner No.1. No
amount is granted as interim maintenance to petitioner
No.2. Hence, this writ petition is filed.
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4. The submission that is made by learned counsel
for respondents on the other hand is that petitioners filed
a suit for partition and in a suit for partition an application
for grant of interim maintenance is not maintainable at all.
Learned counsel also states that no material whatsoever is
produced by petitioners to show that respondent No.1 is
earning anything through the suit schedule property. That
apart, petitioner No.2 is also an employee. Therefore, the
trial Court rightly took a decision and passed appropriate
orders and thus, the petition is not maintainable.
5. In the impugned order there is a clear mention
that as per the declaration given by petitioner No.2, she is
working as assistant teacher on temporary basis and is
earning Rs.10,000/- per month. The trial Court also made
a clear mention in the impugned order that as per the
salary slip produced by respondent No.1 herein, his gross
salary is Rs.33,472/- and his take home salary is
Rs.23,902/-. No material whatsoever was produced by the
petitioners herein to show that respondent No.1 earns
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WP No. 21561 of 2022
HC-KAR
anything out of the suit schedule property. Therefore, this
Court does not find any grounds to interfere with the
finding given by the trial Court that petitioner No.1 is
entitled to Rs.5,000/- towards interim maintenance and
the litigation expenses of Rs.10,000/-. Hence, the writ
petition is devoid of merits.
Resultantly, the following:
ORDER
(i) Writ petition is dismissed.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
List No.: 1 Sl No.: 33
NC: 2026:KHC:9959
WP No. 21561 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 18 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 21561 OF 2022 (GM-FC)
BETWEEN:
1. CHI. DAKSHITH S.,
S/O S. SHASHIKIRAN,
AGED ABOUT 2 1/2 YEARS,
MINOR REPRESENTED BY
NATURAL GUARDIAN MOTHER
SMT. M.S. KAVYASHREE
2. SMT. M.S. KAVYASHREE
W/O S. SHASHIKIRAN
AGED ABOUT 30 YEARS
BOTH ARE R/AT NO. 278,
USHA NILAYA, 1ST CROSS
Digitally signed by
AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
SINDHU MARGA, KAVERINAGAR
1ST STAGE, MANDYA - 571401
…PETITIONERS
(BY SRI. SHANKARANARAYANA BHAT N., ADVOCATE)
AND:
1. SRI. S. SHASHIKIRAN
S/O LATE S.K. SHIVANANJEGOWDA
AGED ABOUT 31 YEARS,
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NC: 2026:KHC:9959
WP No. 21561 of 2022
HC-KAR
WORKING AS SDA IN D.C OFFICE,
MANDYA - 571 401.
2.
SMT. H.M. SUJATHA
W/O LATE S.K. SHIVANANJEGOWDA,
AGED ABOUT 49 YEARS,
R/AT NO. 74,
SARANYA NILAYA
KAVERI NAGAR,
2ND STAGE,
MANDYA - 571 401.
…RESPONDENTS
(BY SRI. SHREYAS B.S., ADVOCATE FOR
SRI. PUTTE GOWDA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS AND QUASH AND MODIFY THE ORDER OF THE
COURT OF THE PRL. SENIOR CIVIL JUDGE AND CJM AT
MANDYA ON I.A.NO.1 IN O.S.NO.158/2021 DTD 25.08.2022
MARKED AS ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR PART HEARD IN
B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2026:KHC:9959
WP No. 21561 of 2022
HC-KAR
ORAL ORDER
Heard Sri.Shankaranarayana Bhat.N learned counsel
for petitioners as well as Sri.Shreyas.B.S who represents
Sri.Puttegowda.K learned counsel on record for respondent
Nos.1 and 2.
2. Seeking the Court to issue a writ of certiorari or
any other appropriate writ and thereby to quash or modify
the order that is rendered by the Court of Principal Senior
Civil Judge, Mandya on I.A.No.I in OS.No.158/2021 dated
25.08.2022, this writ petition is filed.
3. Learned counsel for the petitioners submit that
petitioner No.1 is minor son and petitioner No.2 is the wife
of respondent No.1. Respondent No.2 is the mother of
respondent No.1. Petitioners filed a suit against
respondents seeking maintenance and also for partition of
suit schedule properties. They also moved an interlocutory
application i.e., I.A.No.I for grant of maintenance
pendente lite . The Court of Senior Civil Judge, Mandya
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NC: 2026:KHC:9959
WP No. 21561 of 2022
HC-KAR
through the impugned order directed respondent No.1
herein to pay petitioner No.1 a sum of Rs.5,000/- per
month pendente lite and litigation expenses of
Rs.10,000/-. No maintenance whatsoever was granted to
petitioner No.2. Learned counsel states that respondent
No.1 is working as Second Division Assistant at DC Office,
Mandya and he is earning huge amount. That apart,
respondent No.1 is getting income from the suit schedule
property. Item Nos.1 to 8 of the suit schedule properties
stand in the name of grandfather of respondent No.1, item
Nos.9 to 11 of the suit schedule properties stand in the
name of respondent No.1 himself and Item Nos.12 to 23
stand in the name of the mother of respondent No.1 who
is Respondent No.2 herein. Without considering the
income which respondent No.1 derives through the said
property, the Court of Senior Civil Judge, Mandya granted
meagre sum towards maintenance of petitioner No.1. No
amount is granted as interim maintenance to petitioner
No.2. Hence, this writ petition is filed.
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NC: 2026:KHC:9959
WP No. 21561 of 2022
HC-KAR
4. The submission that is made by learned counsel
for respondents on the other hand is that petitioners filed
a suit for partition and in a suit for partition an application
for grant of interim maintenance is not maintainable at all.
Learned counsel also states that no material whatsoever is
produced by petitioners to show that respondent No.1 is
earning anything through the suit schedule property. That
apart, petitioner No.2 is also an employee. Therefore, the
trial Court rightly took a decision and passed appropriate
orders and thus, the petition is not maintainable.
5. In the impugned order there is a clear mention
that as per the declaration given by petitioner No.2, she is
working as assistant teacher on temporary basis and is
earning Rs.10,000/- per month. The trial Court also made
a clear mention in the impugned order that as per the
salary slip produced by respondent No.1 herein, his gross
salary is Rs.33,472/- and his take home salary is
Rs.23,902/-. No material whatsoever was produced by the
petitioners herein to show that respondent No.1 earns
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NC: 2026:KHC:9959
WP No. 21561 of 2022
HC-KAR
anything out of the suit schedule property. Therefore, this
Court does not find any grounds to interfere with the
finding given by the trial Court that petitioner No.1 is
entitled to Rs.5,000/- towards interim maintenance and
the litigation expenses of Rs.10,000/-. Hence, the writ
petition is devoid of merits.
Resultantly, the following:
ORDER
(i) Writ petition is dismissed.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
List No.: 1 Sl No.: 33