Karnataka High Court
Sri Sabyasachisengupta vs Smt Debasreesircar on 3 June, 2024
Author: K.Somashekar
Bench: K.Somashekar
-1-
NC: 2024:KHC:18718-DB
MFA No. 2294 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.2294 OF 2024 (GW)
BETWEEN:
SRI. SABYASACHISENGUPTA,
SON OF LATE GAURI SHANKAR SENGUPTA,
AGED ABOUT 42 YEARS,
RESIDING AT NO.C-215,
KALPATHARU LAKEVIEW APARTMENTS,
PUTTENAHALLI MAIN ROAD,
OPP. TO PUTTENAHALLI GOVERNMENT
HIGH SCHOOL, J.P.NAGAR, 7TH PHASE,
BANGALORE - 560078.
...APPELLANT
(BY SRI. ANANTH KUMAR C., ADVOCATE)
Digitally signed by
AND:
VALLI
MARIMUTHU
Location: HIGH SMT. DEBASREESIRCAR,
COURT OF
KARNATAKA WIFE OF SRI SABYASCHISENGUPTA,
AGED ABOUT 37 YEARS,
RESIDING AT NO.702, AXIS ESTRELLA
TERRACES, BANNERUGHATTA ROAD
SYNDICATE BANK COLONY,
OMKAR NAGAR, HULIMAVU,
BANGALORE - 560076.
...RESPONDENT
THIS MFA FILED U/S.47 (A) AGAINST THE JUDGMENT
AND DECREE DATED 21.04.2023 PASSED IN
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NC: 2024:KHC:18718-DB
MFA No. 2294 of 2024
G AND WC NO. 341/2015 ON THE FILE OF THE II ADDITIONAL
PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, 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.Ananth Kumar.C, 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 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. -3-
NC: 2024:KHC:18718-DB MFA No. 2294 of 2024
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Accordingly, the appeal is dismissed as withdrawn.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.: 14