Karnataka High Court
FIRST APPEAL 67/2020 on 23 November 2004
2025:KHC-D:6616
Digitally signed byMALLIKARJUNRUDRAYYAKALMATHLocation: HIGHCOURT OFKARNATAKA
NC: 2025:KHC-D:6616-DB
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17[TH] DAY OF APRIL, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.101786 OF 2021 (FC)
BETWEEN:
SMT. SHRUTI @ JYOTHI W/O. PREMANATHSA HABIB, AGE. 34 YEARS, OCC. HOUSEWIFE, R/O. RADHAKRISHNA NAGAR, MULGUND ROAD, GADAG.
…APPELLANT
(BY SRI. SRINIVAS B.NAIK, ADVOCATE)
AND:
PREMANATHSA S/O. NARASINGASA HABIB, AGE. 54 YEARS, OCC. NIL, R/O. NEAR TRIKUTESHWAR TEMPLE, KILLA ONI, GADAG.
…RESPONDENT
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.02.2021, PASSED IN MATRIMONIAL CASE NO.67/2020 ON THE FILE OF THE I ADDITIONAL PRINCIPAL FAMILY COURT, GADAG, FURTHER ALLOW THE APPEAL AND DISSOLVE THE MARRIAGE BETWEEN APPELLANT AND RESPONDENT DATED 23.11.2004 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
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(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Learned counsel for the appellant files a memo stating that the respondent/husband died subsequent to filing of the appeal. Hence, the prayer sought for in the appeal would not survive for consideration. Memo is placed on record.
In view of the memo, the appeal is dismissed as withdrawn.
Pending applications, if any, do not survive for consideration and accordingly, they are disposed off.
Sd/- (S G PANDIT) JUDGE
Sd/- (C.M. POONACHA) JUDGE
PMP CT: UMD List No.: 2 Sl No.: 18
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