- 1 - HC-KAR NC: 2026:KHC:13664-DB MFA No. 6130 of 2023 C/W MFA No. 6174 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 6130 OF 2023 (FC) C/W MISCELLANEOUS FIRST APPEAL NO. 6174 OF 2023 (FC) IN MFA No. 6130/2023 BETWEEN: MR. FASIM NOUSHIB NAJEEB S/O PADINHAR HASSAINAR NAJEEB, AGED ABOUT 30 YEARS, R/AT D.NO.17-23-1593/9, D’SILVA LANE, KANKANADY, FALNIR, MANGALURU – 575 002. …APPELLANT [BY SRI. AJAY PRABHU M., ADVOCATE (ABSENT)] AND: MRS. NAFEESATH ASFARA AGED ABOUT 26 YEARS, W/O FASIM NOUSIB NAJEEB, D/O ABDUL BASHEER, R/AT FLAT NO.506, PRESIDENCY FLORA, S.L. MATHAIS ROAD, FALNIR, MANGALURU – 575 001. …RESPONDENT [BY SRI. B K SANJAY, ADVOCATE FOR C/R (ABSENT)] Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13664-DB MFA No. 6130 of 2023 C/W MFA No. 6174 of 2023 THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DT.10.08.2023 PASSED IN O.S.NO.18/2022 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MANGALURU, DECREEING THE PETITION FILED U/S.26 ORDER VII OF THE CPC R/W SEC.7 OF THE FAMILY COURTS ACT AND SEC.2(iv) (vii) OF THE DISSOLUTION OF MUSLIM MARRIAGES ACT. IN MFA NO. 6174/2023 BETWEEN: MR. FASIM NOUSHIB NAJEEB S/O PADINHAR HASSAINAR NAJEEB AGED ABOUT 30 YEARS R/AT D.NO.17-23-1593/9 D’SILVA LANE, KANKANADY FALNIR MANGALURU – 575 002 ...APPELLANT [BY SRI. AJAY PRABHU M., ADVOCATE (ABSENT)] AND: MRS. NAFEESATH ASFARA W/O FASIM NOUSIB NAJEEB D/O ABDUL BASHEER AGED ABOUT 26 YEARS R/AT FLAT NO.506 PRESIDENCY FLORA S L MATHAIS ROAD, FALNIR MANGALURU-575001 ...RESPONDENT [BY SRI. B K SANJAY, ADVOCATE FOR C/R (ABSENT)] THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DT.10.08.2023 PASSED IN O.S. NO.18/2022 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, D.K, MANGALURU, DECREEING THE SUIT FILED U/S.26 ORDER VII OF THE CPC, R/W SEC.7 OF THE FAMILY COURTS ACT, 1984 AND SEC.2(iv) (viii) OF THE DISSOLUTION OF MUSLIM MARRIAGE ACT, CONSEQUENTLY ALLOW COUNTER CLAIM FOR RESTITUTION OF CONJUGAL RIGHTS FILED BY THE APPELLANT. - 3 - HC-KAR NC: 2026:KHC:13664-DB MFA No. 6130 of 2023 C/W MFA No. 6174 of 2023 THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Despite the matters being called out twice, no one appears for the appellant. The appeals are dismissed for non-prosecution. Interim order, if any, stands vacated. Sd/- (JAYANT BANERJI) JUDGE Sd/- (RAJESH RAI K) JUDGE KG List No.: 1 Sl No.: 9