Sri Sabyasachisengupta vs Smt Debasreesircar
2024 Latest Caselaw 12225 Kant

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
                                   -2-
                                            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.

NC: 2024:KHC:18718-DB

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