Sri. Gadaiah B G @ Mallikarjuna vs Smt. Anitha K
2023 Latest Caselaw 1949 Kant

                                        -1-
                                                MFA No. 1902 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 21ST DAY OF MARCH, 2023

                                    PRESENT
                     THE HON'BLE MR JUSTICE ALOK ARADHE
                                       AND
                 THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                            M.F.A.NO.1902 OF 2023 (FC)
              BETWEEN:

                   SRI. GADAIAH B G @ MALLIKARJUNA
                   AGED ABOUT 49 YEARS,
                   S/O LATE SRI GADAPALAIAH,
                   R/AT KUDALIGI TALUK,
                   CHIRATHAGUNDU VILLAGE - 583 126,
                   VIJAYANAGARA DISTRICT
                   WORKING AT
                   M/S GOVERNMENT PRE UNIVERSITY COLLEGE,
                   LECTURER, MOLAKAALMURU,
                   CHITRADURGA DISTRICT
                                                         ...APPELLANT
              (BY SRI. C N ACHUTHA MURTHY, ADVOCATE)
Digitally signed
by VALLI M
                 AND:
Location: High
Court of
Karnataka           SMT. ANITHA K
                   AGED ABOUT 48 YEARS,
                   D/O LATE SRI. KATAIAH.K.,
                   W/O SRI B.G.GADAIAH @ MALLIKARJUNA
                   R/AT NO.402, 8TH MAIN ROAD,
                   8TH CROSS, P.J.EXTENSION,
                   NEAR MODI COMPOUND
                   DAVANGERE
                                                        ...RESPONDENT
                             -2-
                                      MFA No. 1902 of 2023




     THIS MFA IS FILED UNDER SECTION 19(1) R/W SECTION
28 OF HINDU MARRIAGE ACT, PRAYING TO a) SET-ASIDE THE
ORDERS PASSED BY THE FAMILY COURT AT DAVANAGERE
DATED 09.06.2022 BY DISMISSING THE ABOVE PETITION
AVERRING THAT THE PETITIONER IS NOT INTERESTED IN
PROSECUTING THE ABOVE CASE AND 'DISMISSED FOR
DEFAULT'; b) PASS SUCH OTHER AND FURTHER RELIEFS, AS
DEEMS FIT IN THE ABOVE CASE BY ALLOWING THE ABOVE
PETITION, AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND
EQUITY.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                         JUDGMENT

In view of the objection raised by the office, learned

counsel for the appellant seeks leave of this Court to

withdraw the appeal with liberty to take recourse to such

remedy as may be available to him under law.

In view of the aforesaid submission, appeal is

dismissed as withdrawn with liberty as aforesaid.

Sd/-

JUDGE

Sd/-

JUDGE

MDS