Karnataka High Court
WP/8745/2025 of SRI.M.SHARATH KUMAR Vs STATE OF KARNATAKA on 22 September 2026
CNR: KAHC010179702025 NC: 2026:KHC:52323 WP No. 8745 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 8745 OF 2025 (GM-RES) BETWEEN: 1. SRI.M.SHARATH KUMAR AGED ABOUT 30 YEARS S/O.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 8745 OF 2025 (GM-RES)
BETWEEN:
1.
SRI.M.SHARATH KUMAR
AGED ABOUT 30 YEARS
S/O. SRI.M.NARAYANA,
RESIDING AT NO 541/B,
14TH MAIN ROAD,
MANJUNATHA NAGAR,
RAJAJINAGAR,
BENGALURU - 560010
…PETITIONER
(BY SRI. ANANDA RAMACHANDRA DASS.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT FOR THE EMPOWERMENT OF
DIFFERENTLY ABLED AND
SENIOR CITIZENS GATE NO. 3,
1ST FLOOR, M S BUILDING
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560001
2.
THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB DIVISION,
BENGALURU - 560009
3.
THE BANGALORE DISTRICT MAINTENANCE AND
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WELFARE OF PARENTS AND SENIOR CITIZENS
APPELLANT TRIBUNAL AND SPECIAL DEPUTY
COMMISSIONER - 1
BENGALURU - 560009
4.
SRI.M.NARAYANA
AGED ABOUT 59 YEARS,
S/O LATE M.MANIKYAM
RESIDING AT NO 541/B, 14TH MAIN ROAD,
3RD STAGE, 14TH MAIN ROAD,
3RD STAGE, 1ST BLOCK,
MANJUNATHNAGAR,
RAJAJINAGAR, BENGALURU - 560010
…RESPONDENTS
(BY SRI. SHIVAREDDY V, AGA FOR R1 TO R3
SRI. VIJENDRA N P,ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS
PASSED BY THE 2ND RESPONDENT AUTHORITY IN CASE NO.
MSC/CR/81/2024 DATED. 16/10/2024 VIDE ANNEXURE-F.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
1. The present writ petition is filed seeking for the following reliefs:
"i) To Issue A Writ Of Certiorari, Quashing The Orders passed by the 2nd Respondent Authority in Case No. MSC/CR/81/2024 Dated. 16/10/2024 (Annexure vide Annexure-F;
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ii) Any other appropriate order or relief as this Hon'ble court deem fit to grant in the interest of justice and equity."
2. This Court vide order dated 09.04.2025, granted interim stay of the said order dated 16.10.2024 (Annexure - F to the writ petition) subject to the condition to the petitioner would pay monthly maintenance of Rs.10,000/- to the respondent No.3-father.
3. This Court vide order dated 09.07.2026, ordered as under: "1. The submission of learned counsel for respondent is that the interim order passed by this Court has been violated by the petitioner and the payments have not been made.
2. Learned counsel for the petitioner for the purpose of completeness of the record, is directed to place on record the details of the payment which has been made from the date of the interim order i.e. 09.04.2025.
3. Both the counsels are also directed to get ready to address their arguments on merits, irrespective of the payment or otherwise of the maintenance amount.
4. Re-list on 28.07.2026.
5. Interim order earlier granted is extended till the next date of hearing."
4. Thereafter, this Court vide order dated 28.07.2026, ordered as under: "1. On 09.07.2026, there is a specific submission made by the counsel for the respondent that the petitioner has
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violated the orders of this court and not made payments of the maintenance amounts.
2. The same was however denied by the counsel for the petitioner stating that the payments have been made from time to time and the records and details of payment would be placed.
3. Today a memo has been filed enclosing a transfer detail of Rs.30,0000/- made on 27.07.2026, i.e., yesterday. Thus, the submission made on 09.07.2026 by the counsel for the petitioner, on instructions, was apparently is ex-facie false inasmuch as no payment has been made prior to 09.07.2026. Even from 09.07.2026, no payment was made until yesterday evening. Apparently, it is after the above matter is listed that the aforesaid payment has been made.
4. In that view of the matter, the conditional order which had been passed by this Court, subject to payment of the maintenance amount to a senior citizen, on time, had been violated, the interim order stands vacated.
5. Re-list on 14.08.2026."
5. Subsequently, the present petition was listed on 14.08.2026 and this Court order as under: "1. None appears.
2. If none were to appear for the petitioner on the next date of hearing, relist on 22.09.2026 for dismissal of the petition for non-prosecution."
6. There is no appearance on behalf of the petitioner this date as well.
7. Having regard to the fact that the petitioner has not complied with the condition imposed in the interim order dated
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09.04.2026, which aspect has been noticed in detail by this Court vide its order dated 28.07.2026, the present writ petition stands dismissed.
(C.M. POONACHA) JUDGE
BS - List No.: 2 Sl No.: 29