Sri Shankar B.H. S/O. Basavaraj ... vs Smt Rashmi W/O. Shankar B.H. D/O. ...
2021 Latest Caselaw 5313 Kant

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            IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

       DATED THIS THE 2ND DAY OF DECEMBER, 2021

                        PRESENT
       THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                          AND
           THE HON'BLE MR.JUSTICE S. RACHAIAH

               M.F.A. No. 102492/2020 (FC)
BETWEEN:

SRI SHANKAR B.H. S/O BASAVARAJ B.H.,
AGED ABOUT 33 YEARS,
OCC.: PRIVATE SERVICE, R/O # 191,
UPPER STREET, WARD NO. 1,
S. BASAPURA VILLAGE, VADDU POST,
SANDUR TALUK, DISTRICT: BALLARI-583 119.
                                               -    APPELLANT
(BY SRI T.M. NADAF, ADVOCATE)

AND:

SMT. RASHMI W/O SHANKAR B.H,
D/O VIRUPAKSHAIAHA,
AGED ABOUT 25 YEARS, OCC.: TEACHER,
OCC.: R/O # LIG-130, 1 FLOOR, MOKA ROAD,
HOUSING BOARD, GANDHI NAGAR,
DISTRICT: BALLARI-583 103.
                                           -       RESPONDENT

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
19(1) OF THE FAMILY COURTS ACT, 1984 PRAYING TO SET ASIDE THE
JUDGMENT AND THE DECREE DATED 21.02.2019 IN M.C. NO.
189/2017 ON THE FILE OF THE LEARNED PRINCIPAL JUDGE, FAMILY
COURT, BALLARI & ETC.

      THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS
THIS DAY, S.SUNIL DUTT YADAV J., PASSED THE FOLLOWING:
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                                ORDER

Learned counsel for the appellant files a memo which

reads as hereunder:

"Appellant filed this appeal challenging the judgment and the decree thereon dated 21.02.2019 in M.C. No. 189/2017 on the file of Principal Judge, Family Court, Ballari, dismissing the petition filed by the appellant under Section 13(1-a) for divorce, against the respondent. The appellant on 05.11.2021 communicated the counsel to withdraw the appeal with liberty to file fresh petition before the appropriate legal forum, at Ballari. Hence this memo is filed, seeking kind leave of this Hon'ble Court to withdraw the appeal, with liberty to file fresh petition before the appropriate legal forum, at Ballari, in the interest of justice."

It is submitted that fresh proceedings would be initiated on

the basis of certain subsequent events. Accordingly, appeal is

dismissed as withdraw. All contentions are kept open.

Sd/-

JUDGE

Sd/-

JUDGE

bvv