Citation : 2025 Latest Caselaw 8693 Kant
Judgement Date : 22 September, 2025
-1-
NC: 2025:KHC-D:12836-DB
MFA No. 105040 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 105040 OF 2023 (FC)
BETWEEN:
MAHESH BERAGUD
AGE. 40 YEARS, OCC. BUSINESS,
R/O. #18, BEHIND SHUBHA BHUMI APARTMENT,
LINGARAJ NAGARA HUBLI, NEAR SAMUDAI BHAVAN,
HUBLI-580031.
...APPELLANT
(BY SRI. KUSHAL V. BOLMAL, ADVOCATE)
AND:
SUNITA W/O MAHESH BERAGUD
D/O HANUMANTAPPA BHAJANTRI
3RD WARD, NEAR HULIGAMMA TEMPLE,
BUDUGUMPA-583229, TALUK. KARATAGI, DIST. KOPPAL.
...RESPONDENT
(BY SRI. K.B. SHIVAKUMAR AND
SRI. SANTOSH BIRANAGI, ADVOCATES)
Digitally
signed by
VINAYAKA B V THIS MFA IS FILED U/S. 19(1) OF THE FAMILY COURT ACT,
Location: High
Court of
Karnataka,
AGAINST THE JUDGMENT AND DECREE DATED 21.09.2023, PASSED
Dharwad
Bench IN MATRIMONIAL CASE NO.24/2023 ON THE FILE OF THE I
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT HUBBALLI,
DISMISSING THE PETITION FILED U/SEC. 13 (1) (ia) (ib) OF THE
HINDU MARRIAGE ACT & ETC.
THIS MFA COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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NC: 2025:KHC-D:12836-DB
MFA No. 105040 of 2023
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
Learned counsel for the appellant has filed a memo seeking
leave of the Court to withdraw the appeal.
Memo reads as under;
"MEMO FOR WITHDRAWAL The petitioner herein has filed the present petition challenging the order dated 23.09.2023 in MC-24/2023 passed by the Judge Family Court, HUBBALLI. Meanwhile, the intervention of the elder has led to the compromise and the petitioner and respondent have filed in MC 382/2025 filed for mutual consent concluded on 25.07.2025. Wherein the petitioner has paid Rs.19,00,000/- as permanent alimony, Thus being the fact, the petitioner is not willing to continue the present petition and intends to withdraw the same as not pressed.
Hence, the petition be dismissed as withdrawn."
In view of the said memo, appeal is dismissed as
withdrawn.
Sd/-
(S.SUNIL DUTT YADAV) JUDGE
Sd/-
(VIJAYKUMAR A.PATIL) JUDGE
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