- 1 - HC-KAR NC: 2025:KHC:24720-DB MFA No. 1728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH 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. 1728 OF 2025 (GW) BETWEEN: SMT SUGUNA DAMARLA AGED ABOUT 46 YEARS, RESIDING AT NO. 75, 3RD CROSS, CHIKKA RAMAIAH LAYOUT, JINKE THIMMANAHALLI, VARANASI MAIN ROAD, RAMAMURTHY NAGAR, BENGALURU 560016. …APPELLANT (BY SRI. ANSHUMAN A.,ADVOCATE) AND: SRI GOPALA KRISHNA SUBBARAYANAPALLI S/O SRI. SANJEEVARAYUDU SUBBARAYANAPALLI, AGED ABOUT 44 YEARS, RESIDING AT NO. 75, 3RD CROSS, CHIKKA RAMAIAH LAYOUT, JINKE THIMMANAHALLI, VARANASI MAIN ROAD, RAMAMURTHY NAGAR, BENGALURU 560016. …RESPONDENT (BY SRI. ANKITH S REDDY.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24720-DB MFA No. 1728 of 2025 THIS MFA IS FILED U/S.47(a) OF GUARDIANS AND WARDS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.02.2025 PASSED ON G AND WC NO. 130/2024 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, 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 parties to the proceedings are before the III Additional Principal Judge, Family Court at Bengaluru [for short, 'the family Court'] in G & WC No.130/2024. The family Court, by the impugned interim order dated 01.02.2025, has partly allowed the respondent's application [the mother's application in IA No.5] under Section 12 of Guardians and Wards - 3 - HC-KAR NC: 2025:KHC:24720-DB MFA No. 1728 of 2025 Act, 1890. The respondent is permitted visiting rights on terms. The appellant [the mother of two children aged 6 years] is aggrieved by the visitation rights granted, and she has also filed an application for better visitation rights [IA No.2/2025] while simultaneously seeking stay of the family Court's impugned order. When the learned counsel for the appellant is heard on the maintainability of the appeal in the light of the provisions of Section 47 of the Guardians and Wards Act, 1890 and Section 19 of the Family Courts Act 1984, seeks leave to withdraw the appeal with liberty to call in question the impugned order as would be permissible in law without any prejudice. In the light of the afore, the appeal and the application [IA No.2/2025] stand disposed of subject to all just exceptions in law, and the registry is directed to return the certified copies of the impugned order to - 4 - HC-KAR NC: 2025:KHC:24720-DB MFA No. 1728 of 2025 the learned counsel for the appellant subject to the appellant furnishing a photocopy. SD/- (B M SHYAM PRASAD) JUDGE SD/- (G BASAVARAJA) JUDGE SA ct:sr