- 1 - NC: 2025:KHC-D:5667-DB MFA No. 100340 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.100340 OF 2024 (FC) BETWEEN: SMT. BHARATI W/O. YALLAPPA KUNDARAGI, AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. SHANTABAI PUNDALIK KAMBLE, SAMAGAR GALLI, JUNIPET, RAMDURG-591123, DIST. BELAGAVI. …APPELLANT (BY SRI G.N. NARASAMMANAVAR, ADVOCATE) AND: SRI. YALLAPPA S/O. DURGAPPA KUNDARAGI, AGE. 57 YEARS, OCC. SERVICE, R/O. MAHANTNAGAR, SAVADATTI ROAD, DHARWAD-580006. …RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO, SET- ASIDE THE JUDGMENT AND DECREE DATED 29.05.2019, PASSED IN MATRIMONIAL CASE NO.137/2018 ON THE FILE OF THE PRL. JUDGE FAMILY COURT, DHARWAD, BY ALLOWING THIS APPEAL AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5667-DB MFA No. 100340 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned counsel Sri. G N. Narasammanavar for the appellant has filed a memo dated 10.03.2025 stating that the respondent died on 29.12.2024. 2. The above appeal is filed challenging the judgment dated 29.05.2019, passed in M.C No.137/2018, on the file of Principal Judge Family Court, Dharwad, whereunder, the petition filed under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights is allowed. 3. In view of the death of respondent, the appeal stands abated. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 31