Smt. Swathi vs Sri. G. Nagananda

Karnataka High Court

Smt. Swathi vs Sri. G. Nagananda on 3 June, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                                -1-
                                                        NC: 2024:KHC:18717-DB
                                                         MFA No. 2019 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 3RD DAY OF JUNE, 2024

                                             PRESENT
                             THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                                AND
                         THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                      MISCELLANEOUS FIRST APPEAL NO.2019 OF 2024 (GW)

                      BETWEEN:

                      SMT. SWATHI
                      W/O. PRASHANTH. H. S.,
                      AGED ABOUT 31 YEARS,
                      D/O. SATHYA NARAYANA,
                      RESIDING AT 2ND CROSS,
                      OPP. IYAPPASWAMY TEMPLE,
                      SHANKARA MUTT ROAD,
                      K.R. PURAM, HASSAN-573 201,

                      ALSO AT
                      C/O. MAHALAXMI CONDIMENTS,
                      NEAR MUSLIM HOTEL,
Digitally signed by   OPP. STATE BANK OF MYSORE,
VALLI MARIMUTHU
Location: HIGH
                      SHANKARA MUTT ROAD,
COURT OF
KARNATAKA
                      K.R. PURAM, HASSAN-573 201,

                      ALSO AT

                      C/O UNITED SCHOOL (LKG AND UKG)
                      SHANKARA MUTT ROAD,
                      NEAR SHANKARA MUTT,
                      K.R. PURAM, HASSAN-573 201.
                                                                 ...APPELLANT
                      (BY SRI. MANUKUMAR B.T., ADVOCATE FOR
                      SRI. MADHUSUDHAN M. N.,ADVOCATE)
                             -2-
                                     NC: 2024:KHC:18717-DB
                                     MFA No. 2019 of 2024




AND:

SRI. G. NAGANANDA
S/O. G. K. GANESH,
AGED ABOUT 39 YEARS,
RESIDING AT NO. 113,
1ST CROSS, KEMPEGOWDA NAGARA,
BANGALORE-560 019.
                                            ...RESPONDENT

     THIS MFA FILED U/S.47(a) OF THE GUARDIAN AND
WARDS ACT, 1890, AGAINST THE JUDGMENT AND DECREE
DATED 17.11.2023 PASSED IN G AND WC NO.6/2018 ON THE
FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, HASSAN,
PARTLY ALLOWING THE PETITION FILED    U/S.12 OF THE
GUARDIAN AND WARDS ACT.

     THIS   APPEAL,  COMING  ON   FOR      ORDERS,
THIS   DAY, DR. CHILLAKUR SUMALATHA, J., DELIVERED
THE FOLLOWING:


                        JUDGMENT

Heard Sri.Manukumar.B.T, for Sri.Madhusudhan.M.N, learned counsel for the appellant.

2. Learned counsel for the appellant submits that though the order under Section 12 of the Guardians and Wards Act is not appealable, yet by inadvertence the appeal is filed and therefore, he may be permitted to withdraw the appeal with liberty to file appropriate -3- NC: 2024:KHC:18717-DB MFA No. 2019 of 2024 application/petition. He submits that memo is also filed to that effect.

3. In the light of the submission thus made, permission is accorded to withdraw the appeal.

4. Liberty as prayed for is granted subject to the provisions of law governing the field.

Accordingly, the appeal is dismissed as withdrawn.

Sd/-

JUDGE Sd/-

JUDGE NS CT:TSM, List No.: 1 Sl No.: 13