Yamanappa vs Smt.Vidyalaxmi
2023 Latest Caselaw 2198 Kant

                                          -1-
                                                 MFA No. 200780 of 2020




                            IN THE HIGH COURT OF KARNATAKA

                                  KALABURAGI BENCH

                         DATED THIS THE 12TH DAY OF APRIL, 2023

                                       PRESENT
                       THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                          AND
                  THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                 MISCELLANEOUS FIRST APPEAL NO.200780 OF 2020 (FC)


                BETWEEN:

                   YAMANAPPA
                   S/O CHANDRASHEKHAR BHAIRODAGI
                   AGE: 31 YEARS OCC: SERVICE
                   R/O MURANKERI, BAGALKOT ROAD,
                   VIJAYAPUR-586101

                                                            ...APPELLANT

                (BY SRI. B M ANGADI, ADVOCATE)
Digitally
signed by
SWETA           AND:
KULKARNI
Location:
High Court of      SMT.VIDYALAXMI W/O YAMANAPPA BHAIRODAGI
Karnataka
                   (VIDYALAXMI D/O NANDABASAPPA JUMANAL)
                   AGE: 26 YEARS OCC: H.HOLD WORK
                   C/O NANDABASAPPA JUMNAL
                   NEAR MARGAMMA TEMPLE
                   R/O IBRAHIMPUR
                   VIJAYAPUR-586109

                                                          ...RESPONDENT

                (NOTICE TO RESPONDENT IS HELD SUFFICIENT VIDE ORDER
                DATED 29.11.2022)
                                   -2-
                                        MFA No. 200780 of 2020




     THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT
AND DECREE PASSED BY THE COURT OF I-ADDITIONAL PRL.
JUDGE, FAMILY COURT, VIJAYAPUR IN O.S.NO.12/2019 DATED
26.11.2019, BY ALLOWING THE PETITION FILED BY THE
APPELLANT AND THEREBY DECLARING THAT THE MARRIAGE
SOLEMNIZED BETWEEN THE APPELLANT AND RESPONDENT ON
11.02.2018 IS DISSOLVED FOR ALL PURPOSES HENCEFORTH.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
S. SUNIL DUTT YADAV J., DELIVERED THE FOLLOWING:
                            JUDGMENT

It is submitted that the parties have filed Section

13-B petition before the Family Court. Accordingly, the

present proceedings are required to be withdrawn.

Affidavit of the appellant is filed, which reads as follows:

"I, Yamanappa S/o. Chandrashekhar Mairodagi, Age: 31 yeas, Occ: service, R/o Nooranakeri, Bagalkot Road, Vijayapur-586101. Today at Kalaburagi, do hereby on solemn affirmation state on oath as under:

1. That, I am the Appellant in the above case. I know the facts of the case.

2. That, myself and Respondent come to settlement and agreed for securing consent divorce and we have jointly filed MC No.61/2023 on the file of Prl. Judge Family Court at Vijayapur.

3. As agreed by me, I have paid Rs.6,50,000/- to the Respondent.

MFA No. 200780 of 2020

4. I have also agreed for withdrawal of the above appeal pending before this Hon'ble Court.

5. That, for kind perusal of this Hon'ble Court I am producing the certified copy of the order sheet of MC No.61/2023 on the file of Prl. Judge Family Court at Vijayapur, Hence I may kindly be permitted to withdrawal the above appeal. Hence this affidavit.

The Content of above para No.1 to 5 are as per my instruction and there are true and correct to the best of my knowledge information and belief."

Accordingly, the present appeal is dismissed. In view

of dismissal of the appeal, pending interlocutory

applications, if any, stand disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

SWK