IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.352 OF 2016 BETWEEN:
MRS RASHMI S BHURUKALE W/O NADAGOUDA N PATIL, D/O S M BHURUKALE, AGED ABOUT 32 YEARS, R/O PLOT NO.44, PRAGATHINBAGAR, NEAR BLDEA, ASHRAM ROAD, VIJAYPURA, TALUK-VIJAYAPURA, DISTRICT-VIJAYAPURA, PIN CODE-586101. ... PETITIONER (BY SRI VIJAYAKUMAR G BAGOJI, ADVOCATE) AND:
MR NADAGOUDA N PATIL, S/O NINGANAGOUDA PATIL, AGED ABOUT 40 YEARS, R/O NO.37, BASAVA NILAYA, 5TH CROSS, 5TH MAIN, NEAR MAHALAKSHMI TEMPLE, VENKATESHWARA LAYOUT, ABBIGERE, CHIKKABANAVARA POST, BENGALURU-560090, ALSO AT PERMANENT, R/O JALAGERI VILLAGE, VIJAYAPURA TALUK, VIJAYAPURA DISTRICT, PIN CODE-586104. ... RESPONDENT (BY SRI B SRINIVAS, ADVOCATE) **** THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO (A) TRANSFER THE DIVORCE PETITION BEING M.C.NO. 4058/2016 PENDING ON THE FILE OF HON'BLE VI TH ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU TO CRIMINAL MISCELLANEOUS NO. 319/2016 PENDING ON THE FILE OF HON'BLE FAMILY COURT JUDGE, VIJAYAPURA. (B) PASS ANY OTHER ORDER/S OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE.
(C) AWARD COSTS OF THE PROCEEDINGS, IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER ON BEING SPOKEN TO Vide orders dated 22.04.2019, this petition was dismissed as having become infructuous, as the case status report disclose that Crl.Misc. No.319/2016 on the file of the Family Court, Vijayapura, was disposed on 02.02.2019.
2. However, the counsel for the petitioner has filed a memo for withdrawal submitting that the Court on 22.04.2019 has dismissed the petition as having become infructuous, but M.C. No.4058/2016 on the file of Principal VI Additional Judge, Family Court, Bengaluru, is still pending in the said Court and has requested to permit the petitioner to withdraw the petition with liberty to file fresh petition.
3. Considering the submission of the counsel, memo is taken on record.
4. The order dated 22.04.2019 dismissing the petition as having become infructuous, is recalled.
5. The civil petition is dismissed as withdrawn, reserving liberty to file fresh petition.
Sd/- JUDGE SJ