- 1 - NC: 2025:KHC-D:6774-DB MFA No. 100577 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.100577 OF 2025 (GW) BETWEEN: RIZWANA, W/O SAMEER AHAMAD KUNNIBHAVI, AGED ABOUT 38 YEARS, OCC. HOUSEWIFE, R/O #53, DADDI ONI, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD. …APPELLANT (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: NIL …RESPONDENT THIS MFA IS FILED UNDER SECTION 47(e) OF THE GUARDIAN AND WARDS ACT, 1890, PRAYING TO, CALL FOR THE TRIAL COURT RECORDS, PERUSE THE SAME AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.11.2024 PASSED BY THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT IN G & WC NO.164/2024 CONSEQUENTLY ALLOW THE PETITION FILED UNDER SECTION 29 OF THE GUARDIAN AND WARDS ACT, 1890, IN G & WC NO.164/2024 AND PERMIT THE APPELLANT TO SELL THE UNDIVIDED SHARE OF THE MINOR CHILDREN OF APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6774-DB MFA No. 100577 of 2025 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned counsel Sri. Santosh B. Mane appearing for the appellant files an application, dated 24.04.2025, under Order XXIII Rule (1) and (3) of the Code of Civil Procedure, 1908, seeking leave of this Court to withdraw the petition in G & WC No.164/2024 on the file the III Additional Senior Civil Judge & JMFC, Hubballi, with liberty to file a fresh petition on the same cause of action. 2. Learned counsel for the appellant would submit that in the petition filed before the Trial Court, the petitioner had not disclosed the educational expenses of the minor children and has also not mentioned as to which school or college she intends to admit her minor children. In that light of the matter, learned counsel submits that appellant may be permitted to withdraw G & WC petition and file a fresh petition with all details on the same cause of action and therefore, he prays that the application may be allowed. - 3 - NC: 2025:KHC-D:6774-DB MFA No. 100577 of 2025 3. The application, which is numbered as I.A. No.2/2025, is taken on record. Perused the application. Accepting the reasons stated in the affidavit accompanying application, we allow the application - I.A. No.2/2025 and permit the appellant to withdraw G & WC No.164/2024 with liberty as sought for in the application. 4. In view of allowing of the aforesaid application, the appeal stands dismissed. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 19