IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04th DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL No.4390 of 2015 (MC) c/w.
MISCELLANEOUS FIRST APPEAL No.4386 of 2015 (MC) BETWEEN :
M.K.ASHOKA S/O.M.N.KARIBASAPPA AGED ABOUT 30 YEARS OCC: NOW ADVOCATE R/O. MADDERU, HOLAKERE TALUK NOW RESIDING AT JAIN COLONY MEDEHLLY ROAD CHITRADURGA – 577 501.
(BY SRI.M.K.ASHOKA, ADV., (ABSENT)) AND:
SMT.SHOBAHA.K.C. W/O.M.K.ASHOKA D/O.CHIDANDAPPA (GAREMANE) AGED ABOUT 28 YEARS R/O.KOLAHALU ... APPELLANT (COMMON) HOLALKERE TALUK CHITRADURGA DISTRICT – 577 501. ...RESPONDENT (COMMON) (BY SRI.HARISH.N.R., ADVOCATE FOR SRI.B.M.SIDDAPPA, ADVOCATE) THESE MISCELLANEOUS FIRST APPEALS FILED UNDER SECTION 28 OF THE HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.03.2015 PASSED IN M.C.NO.63/2010 BY THE COURT OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA IN ALLOWING COUNTER CLAIM OF THE RESPONDENT AND ETC., THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Appellant is appearing in person. He is not present before this Court.
2. Learned counsel for the respondent has filed a memo seeking dismissal of the appeal by contending that there is a settlement of the dispute between the parties and that the parties have agreed to live together and the settlement has been recorded in Crl.Misc.No.228/2015 in the Court of the II Additional Civil Judge and JMFC Court, Chitradurga before Janatha Nyayalaya. He also submits that the parties are living together as on today. He has also appended a copy of the settlement arrived at between the parties and the order passed by the said Court thereon, which we have perused. One of the terms of the settlement is that the parties would live together. Consequently, the appellant would withdraw these appeals.
3. In the circumstances, the appeals are dismissed as withdrawn on account of the settlement arrived at between the parties.
Sd/- JUDGE Sd/- JUDGE VMB