- 1 - HC-KAR NC: 2026:KHC:9032-DB MFA No. 5838 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.5838 OF 2023 (MC) BETWEEN: A J NAGARAJU S/O JAVAREGOWDA AGED ABOUT 36 YEARS R/AT AMACHAHALLI VILLAGE SANTHEBACHAHALLI HOBLI KRISHNARAJPET TALUK, MANDYA 571 426 …APPELLANT (BY SRI PAVAN KUMAR G, ADVOCATE) AND: SOWJANYA W/O A J NAGARAJU D/O K T NAGARAJU AGED ABOUT 28 YEARS R/AT JAYANAGAR EXTENSION G.G.KOPPALU ROAD BEHIND GOVT HOSPITAL KRISHNARAJPET TOWN MANDYA-571 426 …RESPONDENT (BY SRI NARAJJI DEEPAK, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, 1955 PRAYING TO SET ASIDE THE JUDGMENT DATED 22.05.2023 PASSED IN M.C.NO. 28/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KRISHNARAJPET. THIS MISCELLANEOUS FIRST 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 T.M.NADAF Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9032-DB MFA No. 5838 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) On 01.12.2025, the following order was passed: “The learned counsel for the appellant informs that the parties have entered into a settlement and seeks an adjournment to bring on record the memorandum of settlement. As prayed, list the matter on 15.12.2025.” 2. On 15.12.2025, the following order was passed: “No one appears to press this appeal despite the matter being called up twice. List this matter on 04.02.2026 for dismissal.” 3. On 04.02.2026, the following order was passed: “Sri. Pavan Kumar G., learned counsel for the appellant states that the parties have settled the matter between them and seeks an adjournment to enable him to file a memo of withdrawal. Therefore, list this matter on 13.02.2026 for dismissal.” 4. Today the matter is listed for dismissal and an adjournment is being sought to enable the learned Counsel for the appellant to prepare the case. No further adjournment can be granted, as the case is listed for dismissal and adjournment - 3 - HC-KAR NC: 2026:KHC:9032-DB MFA No. 5838 of 2023 was sought on the previous occasion on fictitious grounds. This case is therefore, dismissed for non-prosecution. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE KSR List No.: 1 Sl No.: 6