Karnataka High Court
MFA/4741/2026 of SRI SHIVAYOGI BANAGARA Vs SMT N C VINUTHA on 25 September 2026
CNR: KAHC010433922026 NC: 2026:KHC:53280-DB MFA No. 4741 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 4741 OF 2026 (GW)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE R DEVDAS
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO. 4741 OF 2026 (GW)
BETWEEN:
SRI SHIVAYOGI BANAGARA
S/O SHIVAPUTHRAPPA KOMPI
AGED ABOUT 37 YEARS
R/AT MATHASHRI KOMPI
NO.168, 2ND CROSS ROAD
WARD NO.15, NEW AMARAVATHI
VIJAYANAGAR 583 201
ALSO R/AT NO.404 4468 72
AVENUE SURREY, BRITISH COLUMBIA
V3S2E6, CANADA.
…APPELLANT
(BY SRI MAHESH S., ADVOCATE)
AND:
1.
SMT. N. C. VINUTHA
W/O SHIVAYOGI BANAGARA
C/O. VEERENDRA SWAROOP N C
C/O VIRENDRA
SRI. VEERANDRA SWAROOP NC
PRESENTLY AT R/A. D BLOCK, 1201
12TH FLOOR, K H B PLATINUM
APARTMENTS, SHIRKE CIRCLE
VALAGERAHALLI, KENGERI
BENGALURU – 560 060.
Digitally signed
by G
SHREERAKSHA
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
2.
KUM. SIRI KOMPI
D/O. SHIVAYOGIBANAGARA
AGED ABOUT 5 YEARS
REPRESENTED BY HER MOTHER
SMT. VINUTHA
PRESENTLY AT R/A. D BLOCK, 1201
12TH FLOOR, K H B PLATINUM
APARTMENTS, SHIRKE CIRCLE
VALAGERAHALLI, KENGERI
BENGALURU - 560 060.
…RESPONDENTS
(BY SRI CHITHRALEKHA H.R., ADVOCATE FOR R1 & R2)
THIS MFA IS FILED U/S.47(a) OF GUARDIANS AND
WARDS ACT-1890, AGAINST THE JUDGMENT AND DECREE
DT.16.04.2026. PASSED IN G AND W.C NO. 142/2025 ON THE
FILE OF THE PRL. JUDGE, FAMILY COURT, BENGALURU, REJECTING THE IA NO.3, FILED BY RESPONDENT U/O 7 RULE
11 OF CPC OF THE GUARDIANS AND WARDS ACT-1890.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
and
HON'BLE DR. JUSTICE K.MANMADHA RAO
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R DEVDAS)
Learned counsel for the appellant fairly submits that the appeal is not maintainable having regard to the fact that an application filed under Order VII Rule 11 of CPC has been rejected by the Family Court and therefore, an appeal would not lie. Learned counsel submits the
HC-KAR
appellant will have to file Writ Petition (FC). Accordingly, liberty is sought to withdraw the appeal and file a Writ Petition. Nevertheless, learned counsel submits that the time spent by the appellant before this Court in this appeal should be taken note of.
2. Accordingly, the MFA stands dismissed as withdrawn while reserving liberty to the appellant to file Writ Petition (FC). If such Writ Petition is filed, the time spent by the appellant before this Court in this appeal shall be taken note of.
Sd/- (R DEVDAS) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
GSR List No.: 1 Sl No.: 3