IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 08TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD M.F.A. No.1924/2019 (FC) BETWEEN:
SMT. SHYLA W/O. LATE P. GANGARAJU, AGED ABOUT 39 YEARS, R/AT YADIYURU SIDDALINGESHWARA NILAYA, 1ST MAIN, E CROSS, SHETTYHALLI MAIN ROAD, NRUPATHUNGA EXTENSION, TUMAKURU – 572 102. ... APPELLANT (BY SMT. K.B. JAYALAKSHMI, ADVOCATE) AND:
1. SMT. T.S. CHANDRAKALA W/O. LATE P. GANGARAJU, AGED ABOUT 50 YEARS, R/AT ANJANADRI NILAYA, 4TH CROSS, NRUPATHUNGA EXTENSION, SHETTYHALLI MAIN ROAD, TUMAKURU – 572 102.
2. T.G. HARSHITH S/O. LATE P. GANGARAJU, AGED ABOUT 21 YEARS, R/AT ANJANADRI NILAYA, 4TH CROSS, NRUPATHUNGA EXTENSION, SHETTYHALLI MAIN ROAD, TUMAKURU – 572 102.
(MENTALLY AND PHYSICALLY DISABLED PERSON) REPRESENTED BY THE 1ST RESPONDENT NEXT FRIEND MOTHER SMT. T.S. CHANDRAKALA, W/O. LATE P. GANGARAJU, AGED ABOUT 50 YEARS, R/AT ANJANADRI NILAYA, 4TH CROSS, NRUPATHUNGA EXTENSION, SHETTYHALLI MAIN ROAD, TUMAKURU – 572 102.
3. SMT. MONISHA D/O. LATE P. GANGARAJU, AGED ABOUT 27 YEARS, R/AT NO.4/230, BEHIND HEALTH QUARTERS, K.H.B. COLONY, GUBBI, TUMAKURU DISTRICT – 577 216. ... RESPONDENTS THIS MFA IS FILED UNDER SECTION 19 OF THE FAMILY COURTS ACT, 1984, SETTING ASIDE THE ORDER DATED 05.09.2018 PASSED BY THE PRINCIPAL FAMILY COURT AT TUMAKURU IN O.S.NO.17/2018 AND DIRECT THE RESPONDENTS TO NOT TO INTERFERE WITH THE POSSESSION AND ENJOYMENT OF THE SUIT SCHEDULE PROPERTIES AND ETC., THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
J U D G M E N T Office has raised an objection with regard to maintainability of the appeal as the appeal has been filed assailing the compromise decree passed in O.S.No.17/2018, dated 05/09/2018 by the Prl. Judge, Family Court at Tumakuru.
2. After arguing the matter for sometime, learned counsel for the appellant sought permission to withdraw this appeal with liberty to seek appropriate remedies.
3. Submission is placed on record.
4. Appeal is dismissed as withdrawn reserving liberty to the appellant to seek appropriate remedies in accordance with law.
Sd/- JUDGE Sd/- JUDGE S*