Sri. Khaleel Ur Rehaman Shariff vs Smt. Dr Munazza Firdose
2024 Latest Caselaw 24797 Kant

Karnataka High Court

Sri. Khaleel Ur Rehaman Shariff vs Smt. Dr Munazza Firdose on 1 October, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                   NC: 2024:KHC:41069
                                                 RFA No. 2240 of 2024




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 1ST DAY OF OCTOBER, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
               REGULAR FIRST APPEAL NO. 2240 OF 2024 (RES)


            BETWEEN:

            SRI. KHALEEL-UR REHAMAN SHARIFF,
            SON OF ABDUL REHAMAN,
            AGED ABOUT 48 YEARS,
            R/AT NO. 1993, WELCOME BOULEVARD,
            201, 2ND FLOOR, MAJOR SANDEEP
            UNNIKRISHNAN ROAD,
            YELAHANKA SATELLITE TOWN,
            YELAHANKA NEW TOWN,
            BENGALURU - 560 064.
                                                         ...APPELLANT
            (BY SRI. RUPESH KUMAR S, ADVOCATE)

            AND:
Digitally
signed by
MALATESH    SMT. DR. MUNAZZA FIRDOSE,
KC          ESTRANGED W/O KHALEEL UR RAHAMAN SHARIFF,
Location:   AGED ABOUT 37 YEARS,
HIGH
COURT OF    RESIDING AT NO. 203,
KARNATAKA   MARIGOLD BLOCK,
            SANKALP CENTRAL PARK,
            YADAVAGIRI, MYSURU - 570 020.
                                                  ...RESPONDENT


                   THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
            THE JUDGMENT AND DECREE DATED 31.07.2024 PASSED IN
                                    -2-
                                                  NC: 2024:KHC:41069
                                               RFA No. 2240 of 2024




OS NO.11/2023 ON THE FILE OF THE II ADDITIONAL PRL.
JUDGE, FAMILY COURT, MYSURU, DECREEING THE SUIT FOR
RESTITUTION OF CONJUGAL RIGHTS.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL JUDGMENT

Learned counsel for the appellant has filed a memo,

which reads as under:

"In view of the office objection raised on maintainability of RFA, as the Judgment under challenge is passed by the Hon'ble Family Court at Mysore. The Appellant may be permitted to withdraw the above appeal with liberty to prefer MFA as per Section 19(1) of the Family Court Act subject to relaxation of Limitation of time spent in the present Appeal."

2. In view of the memo, the appellant is permitted

to withdraw the appeal, with liberty to file appropriate

appeal.

NC: 2024:KHC:41069

3. It is made clear that the time spent in this

appeal shall be excluded for the purpose of computation of

limitation as is contemplated under Section 14 of the

Limitation Act.

4. Office is directed to return the certified copy of

the judgment and decree after retaining the photocopy.

Sd/-

(V SRISHANANDA) JUDGE

SNC

CT: BHK