Sri Vidyadeesh N Mundagod vs Smt Lakshmi
2023 Latest Caselaw 1510 Kant

                                              -1-
                                                      MFA No. 6630 of 2015




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 22ND DAY OF FEBRUARY, 2023

                                          PRESENT
                           THE HON'BLE MR JUSTICE ALOK ARADHE
                                             AND
                     THE HON'BLE MR JUSTICE VIJAYKUMAR A PATIL
                                M.F.A.NO.6630 OF 2015 (FC)
                   BETWEEN:

                       SRI VIDYADEESH N MUNDAGOD
                       S/O NARAYANACHAR,
                       AGED ABOUT 33 YEARS,
                       R/O MANJUNATHAPURA,
                       MALAMADDI,
                       DHARWAD - 580007
                                                              ...APPELLANT
                   (BY SRI. G M NATARAJ, ADVOCATE)

                   AND:


Digitally signed       SMT LAKSHMI
by VALLI M             D/O LATE ANANTH RAO MAMADAPUR,
Location: High         AGED ABOUT 37 YEARS,
Court of               R/O NO.6, 2ND FLOOR,
Karnataka
                       GOOD LUCK BUILDING,
                       FRIENDS ROAD, OLD MADRAS ROAD,
                       K.R.PURAM,
                       BENGALURU - 560 036
                                                            ...RESPONDENT
                   (BY SRI. JAI LAXMIBAI, ADVOCATE)

                          THIS MFA IS FILED UNDER SECTION 19(1) OF THE

                   FAMILY COURTS ACT, PRAYING TO SET ASIDE THE ORDER
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                                       MFA No. 6630 of 2015




DATED 05.07.2014 IN MISC.PETN.NO.11/2012 ON THE FILE OF

THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT

BENGALURU IN THE INTEREST OF JUSTICE.


     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:


                        JUDGMENT

Sri.G.M.Nataraj, learned counsel for the appellant.

This intra Court appeal is filed under Section 19(1) of

the Family Act, 1984 against the order dated 05.07.2014

passed by the family Court in Miscellaneous Petition filed

by the appellant under Order IX Rule 13 of the Code of

Civil Procedure.

2. After arguing the matter to some extent,

learned counsel for the appellant submits that the decree

for restitution of conjugal rights have not been given effect

to. Therefore, he be granted liberty to withdraw this

appeal with liberty to file a petition under Section

13(1)(ia) of the Hindu Marriage Act, 1955.

MFA No. 6630 of 2015

3. In view of the aforesaid submission, appeal is

dismissed as withdrawn with the liberty as aforesaid.

Sd/-

JUDGE

Sd/-

JUDGE

MDS