- 1 - NC: 2025:KHC-D:3661-DB MFA No. 21059 of 2008 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 21059 OF 2008 (MC) BETWEEN: SHRI MAHADEV, S/O. ISHWAR BENADAWADE, AGED ABOUT:45 YEARS, R/ AT BENNAHALLI, TQ: CHIKKODI, DIST: BAGALKOTE. …APPELLANT (BY SRI. RAMESH I. ZIRALI, ADVOCATE) AND: SMT. GANGAMBIKA W/O. MAHADEV BENDAWADE, AGE: 38 YEARS, R/A KLE COLLEGE STAFF QUARTERS, NIPPANI, TQ: CHIKODI, DIST: BELGAUM DIST. …RESPONDENT (BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19 OF THE FAMILY COURTS ACT. PRAYING TO, SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE CIVIL JUDGE SR. DIVISION CHIKKODI AT CHIKKODI PASSED IN M.C. NO. 45 OF 2001 DATED 10.1.2005 AND DISMISS THE PETITION FILED BY THE RESPONDENT FOR DIVORCE BY ALLOWING THE PRESENT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by ANJALI M Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3661-DB MFA No. 21059 of 2008 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE JUDGMENT THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is as against the decree for dissolution of marriage, which was dismissed by default on 21.07.2009. Presently, applications [I.A.No.1/2024 and I.A.No.2/2024] are filed for recall of this order seeking condonation. In support of these applications, it is stated in essence that the appellant and the respondent have resumed their marital life, and it is for this reason that the appeal is not prosecuted. The appellant and the respondent are present, and they are identified by their respective counsels. The appellant and the respondent acknowledge that they have been living together for over fifteen [15] years now. This Court, in light of this acknowledgment, is of the considered view that not only the applications must be allowed, even - 3 - NC: 2025:KHC-D:3661-DB MFA No. 21059 of 2008 the appeal is to be allowed, setting aside the impugned judgment and award. Hence, the following:- ORDER `The appeal is allowed and the judgment and decree dated 10.1.2005 in M.C. No. 45 OF 2001 on the Civil Judge Sr. Division Chikkodi At Chikkodi is set aside and the application in M.C. No. 45 OF 2001 is dismissed. There shall be no Cost. SD/- (B.M.SHYAM PRASAD) JUDGE SD/- (RAMACHANDRA D. HUDDAR) JUDGE AM/CT:VG LIST NO.: 1 SL NO.: 21