- 1 - HC-KAR NC: 2025:KHC:46938-DB MFA No. 5967 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 5967 OF 2021 (FC) BETWEEN: 1. SMT. SOWMYA, W/O YAVANARAJA, AGED ABOUT 30 YEARS, R/AT KUMARI NARAYANAPURA VILLAGE, TALLIKATTE POST, BHADRAVATHI TALUK-577227. …APPELLANT (BY SRI SUNEEL S. NARAYAN, ADVOCATE(ABSENT)) AND: 1. SRI YAVANARAJA, S/O VIJAYARAJA, AGED ABOUT 38 YEARS, R/AT ANNAPOORNESHWARI NILAYA, 7TH CROSS, VINOBANAGARA, 60 FEET ROAD, NEAR CHALUKYABAR, SHIVAMOGGA CITY-577201 …RESPONDENT (BY SRI S. SHEHINSHA ALI, ADVOCATE) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46938-DB MFA No. 5967 of 2021 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 27.08.2021 PASSED IN MC No.271/2018 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED UNDER SECTION 13-(A) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL COMING ON FOR 'DISMISSAL' THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This matter is being repeatedly adjourned despite being listed from time to time in view of non-appearance of the counsel for the appellant or adjournment being sought by the learned counsel. 2. When the matter was listed on 27.10.2025, on the request of the learned counsel for the appellant, the matter was directed to be listed in the following week to report settlement. On 06.11.2025, the matter was called up twice but the learned counsel for the appellant was not present and therefore, the matter was directed to be listed in the following week for dismissal. - 3 - HC-KAR NC: 2025:KHC:46938-DB MFA No. 5967 of 2021 3. On 14.11.2025, the learned counsel for the appellant stated that he will file a withdrawal memo on the next date of listing and therefore, this matter was directed to be listed today for dismissal. The counsel for the appellant is not present when the matter is called for. The appeal is therefore, dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 19