- 1 - HC-KAR NC: 2025:KHC-D:11088-DB MFA No. 102487 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 102487 OF 2019 (MC-) BETWEEN: GURUBASAVESHA S/O. ADIVAYYA YAKKIHALIMATH, AGE: 40 YEARS, OCC: CHARTED ACCOUNTANT (PRIVATE WORK), R/O: MANGALAVARA PETA, HUBBALLI-580024. …APPELLANT (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: SMT. SAHANA @ SAVITA W/O. GURUBASAVESH YAKKIHALIMATH, AGE: 36 YEARS, OCC: TEACHER, R/O. C/O. SRI. CHANABASAGOUDA M. PATIL, HANUMANAHALLI, POST: MUDENUR, TQ: RANEBENNUR, DIST: HAVERI-581110. …RESPONDENT (BY SRI. MAHESH WODEYAR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 28 OF THE HINDU MARRIAGE ACT PRAYING TO CALL FOR THE RECORDS IN MATRIMONIAL CASE NO.92/2015 AND TO SETASIDE THE JUDGMENT AND DECREE DATED 30.03.2019 IN MATRIMONIAL CASE NO.92/2015 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR AND CONSEQUENTLY ALLOW M.C.NO.92/2015 IN THE INTEREST OF JUSTICE AND EQUITY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:11088-DB MFA No. 102487 of 2019 THIS APPEAL IS COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) Learned counsel for the appellant and learned counsel for the respondent are present. The appellant and the respondent are also present in the Court. They are identified by their respective counsel. 2. The memorandum of agreement under Section 89 of the Code of Civil Procedure, 19081 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 20072 has been placed on record, whereunder it is stated as follows: “MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF THE CIVIL PROCEDURE READ WITH RULES-24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2007. The parties above named beg to submit as follows: The aforesaid appeal was referred to mediation for resolving the dispute, between the parties. In the 1 Hereinafter referred to as “CPC” 2 Hereinafter referred to as “Karnataka Mediation Rules” - 3 - HC-KAR NC: 2025:KHC-D:11088-DB MFA No. 102487 of 2019 course of mediation, they have resolved their dispute and have agreed to the following terms and conditions: 1. The Appellant/Husband and Respondent/Wife agreed to resolve their dispute amicably and Respondent is ready to join the house of the Appellant. 2. The appellant and the respondent both have agreed to lead matrimonial life happily as there is no any misunderstanding between the appellant and respondent. 3. In view of the settlement the appellant has agreed to withdraw the MFA No.102487/2019 (MC) filed by appellant challenging the judgment and decree in MC NO.92/2015 dated 30.03.2019. 4. In view of the aforesaid agreement entered into between the parties, the appellant prays to withdraw the MFA NO.102487/2019 (MC), in terms of the aforesaid agreement. 5. Parties will appear on 30.08.2025 before the Hon'ble Court for passing Orders/Decree in terms of the above said agreement. Sd/- Sd/- Gurubasavesha A Yakkihalimath Smt. Sahana @ Savita G Yakkihalimath Appellant Respondent Sd/- Sd/- Sri. M.B.Hiremath Sr.i Mahesh Wodeyar Advocate for Appellant Advocate for Respondent” 3. The present appeal is filed by the husband being aggrieved by the dismissal of his petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 19553 seeking dissolution of marriage. In the present appeal, the parties have agreed to live 3 Hereinafter referred to as “the Act” - 4 - HC-KAR NC: 2025:KHC-D:11088-DB MFA No. 102487 of 2019 together and lead a matrimonial life. It is also agreed between the parties that the appellant would withdraw the above appeal in view of settlement. 4. In view of the above, the appeal is disposed of in terms of the memorandum of agreement filed by the parties. 5. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE YAN CT-MCK List No.: 1 Sl No.: 1