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2025 DAILYLAW 26330 (KAR)

SMT. M. SUJATHA v. SRI. NAGARAJ M P

MFA/604/2019 · 2025-07-11

B M Shyam Prasad, G Basavaraja

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25435-DB MFA No. 604 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 604 OF 2019 (MC) BETWEEN: SMT. M. SUJATHA AGED ABOUT 29 YEARS W/O NAGARAJ M D/O M. MUNIENKATAPPA R/AT GULLAHALLI VILLAGE AND POST, BUDIKOTE HOBLI, BANGARPET TALUK 563 129. …APPELLANT (BY SRI. VIJAYA KRISHNA BHAT M.,ADVOCATE) AND: SRI. NAGARAJ M P AGED ABOUT 36 YEARS S/O MUNIYAPPA M R/AT PATHARAMOGOLLU GULLAHALLI POST, BUDIKOTE HOBLI, BANGARPET TALUK 563 129. …RESPONDENT (BY SRI. S. VISWESWARAIAH., ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25435-DB MFA No. 604 of 2019 THIS MFA IS FILED U/S 28(1) OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 17.12.2018 PASSED IN MC NO.107/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & PRL. JMFC, KGF, ALLOWING THE PETITION FILED BY THE PETITIONER UNDER SECTION 23 OF THE HINDU MARRIAGE ACT FOR SEEKING A DECREE OF JUDICIAL SEPARATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The learned counsel for the appellant has filed a memo for withdrawal which reads as under: "The Appellant submits that she had filed a petition in M.C.No.206/2023 before the Additional Senior Civil Judge and JMFC, KGF, Itinerate at Bangarpet, seeking dissolution of her marriage with the Respondent. The said petition ended in compromise and a decree of - 3 - HC-KAR NC: 2025:KHC:25435-DB MFA No. 604 of 2019 divorce has been passed and the Respondent has agreed to pay a total sum of Rs.14,00,000/- as permanent alimony. the copy of the order dated 02.04.2024 and the Decree dated 15.04.2024 passed by the Trial Court in MC No.206/2023 is enclosed herewith. Hence the Appellant submits that the above appeal does not survive for consideration and it has become in infructuous. Hence, the Appellant prays that the Hon'ble Court may kindly dispose of the above appeal accordingly, in the ends of justice and equity. In view of the same, the appeal stands dismissed as not pressed. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE SA ct:sr