IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17th 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.9131 of 2017 (GW) BETWEEN :
UTHAPPA SON OF LATE B.P.CHINNAYYA AGED ABOUT 53 YEARS C/O.RAVIKUMAR RESIDENCE OF V.P. NO.86 H.NO.108, 11TH CROSS NEAR TEACHERS COLONY VENKATAPURA, KORAMANGALA BANGALORE – 560 034. ... APPELLANT (BY SRI.HARISH GANAPATHY, ADVOCATE) AND:
THANUJA DAUGHTER OF K.T.CHINNAPPA AGED ABOUT 44 YEARS RESIDENTS OF NO.61 S.T.BED, ‘A’ MAIN, 4TH BLOCK KORAMANGALA BANGALORE – 560 034. ...RESPONDENT (RESPONDENT SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 47(a) OF GUARDIANS AND WARDS ACT, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT IN G & W.C. NO.62/14 DATED 29.08.2017 ON THE FILE OF BEFORE THE II ADDL. PRINCIPAL JUDGE FAMILY COURT, AT BANGALORE AND ETC., THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant submits that the appeal has been rendered infructuous in view of the fact that the minor children in the year 2007 itself they were aged 10 years and 7 years and now they have become majors and therefore, no purpose would be served in prosecuting this appeal.
2. The respondent – mother of the children is served and un-represented.
3. The submission of the learned counsel for the appellant is placed on record.
4. Hence, the appeal is dismissed as having become infructuous. However, liberty is reserved to the appellant to meet the children or to seek visitation rights in accordance with law.
5. In view of the dismissal of the appeal, I.A.Nos.1/2017 and 1/2019 stand dismissed.
Sd/- JUDGE Sd/- JUDGE VMB