- 1 - HC-KAR NC: 2026:KHC:5664-DB MFA No. 5236 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND 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. 5236 OF 2019 BETWEEN: SMT. SOWMYA MAKAM W/O VARUN SUNKU AGED ABOUT 28 YEARS R/AT NO.30, 14TH A CROSS, 2ND PHASE 2ND STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURAM BEHIND NANDINI THEATRE BENGALURU – 560 086 …APPELLANT (BY SRI. C.M.JAGADEESH., ADVOCATE) AND: VARUN SUNKU S/O DR. S A JAGADISH KUMAR AGED ABOUT 32 YEARS R/AT #4, KAVERI APARTMENTS JAYALAKSHMIPURAM MYSURU PRESENT WORKING AND RESIDING ADDRESS: R/AT MCKINSEY AND COMPANY AMSTEL 344, 1017S, AMSTERDAM NETHERLAND …RESPONDENT (V/O DATED 20.03.2023, NOTICE TO RESPONDENT IS HELD SUFFICIENT) Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5664-DB MFA No. 5236 of 2019 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 03.04.2019 PASSED IN M.C.NO.1298/2018 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) AND (ib) AND 25 OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Sri. C.M.Jagadeesh, learned counsel appearing for the appellant states that after the appeal was filed, an application was filed under Order IX Rule 13 CPC for recall of the ex-parte decree which has been allowed by the Family Court rendering this appeal infructuous. 2. The appeal is accordingly dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE KG List No.: 1 Sl No.: 9