SHIVANAND Vs. GANGAMMA S HAVARAGI

JUDGEMENT

(1.) This writ petition is directed against the order dated 6.7.2013 passed by the VI Addl. Prl. Judge, Family Court, Bangalore on I.A.No.2 in

(2.) Brief facts of the case:

(3.) The learned counsel for the petitioner submits that during the pendency of the application before the Family Court, Sri.Bhimappa Sharanappa Bommanahalli died and hence, the learned counsel for the petitioner is not pressing the impleading application in respect of the deceased Sri.Bhimappa Sharanappa Bommanahalli. He further contended that this Court in the case of Arun Kumar Agarwal vs. Smt. Radha Arun and another (ILR 2004 KAR 808) had held that the presence of adulterer before the Court is necessary to enable it to effectually and completely adjudicate upon to settle all questions involved in the petition. The learned judge of the Family Court has not considered the said judgment of this Court and has rejected the application filed by the petitioner vide order dated 6.7.2013. Therefore, he seeks for setting aside the said order passed by the Family Court.