- 1 - HC-KAR NC: 2025:KHC:31899-DB MFA No. 1060 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 1060 OF 2025 (MC) BETWEEN: SRI.YATHISH, S/O KESHAVA NAIK, AGED ABOUT 38 YEARS, R/AT SRI DEVI PROTECH, OPP: GURU VAIKUNTA BALIGA COLLEGE, KUNJIBETTU, UDUPI DISTRICT-576 102, PRESENTLY R/AT PENTASTAR BUILDING FLOOR, HANUMAN GARAGE, UDUPI DIST-576 101. …APPELLANT (BY SRI. SAMEER S N., ADVOCATE) AND: SMT.ANUSHA SHYAM.M, W/O YATHISH, D/O MANJUNATHA.V, AGED ABOUT 33 YEARS, R/AT PANDURANGA HOUSE, NEAR PATHRAO HOSPITAL, VIDYANAGARA, DARBE POST, PUTTUR TALUK, D.K. DISTRICT-574 202. …RESPONDENT (BY SRI.NIRMALA K., ADVOCATE) THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31899-DB MFA No. 1060 of 2025 21.02.2024 PASSED IN M.C.NO.32/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PUTTUR D.K. AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Learned counsel for the appellant has moved a memo before this Court seeking to withdraw the appeal with liberty to pursue the remedy available under Order IX Rule 13 of Code of Civil Procedure, 1908 before the trial Court. This appeal is accordingly dismissed as withdrawn with liberty as prayed for. All pending I.As. shall stand disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE BVK; List No.: 1 Sl No.: 28