This matter was a writ petition challenged to the High Court of Karnataka where both parties submitted that the dispute before the Lok Adalath had been settled. The court disposed of the petition based on this settlement and withdrawal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.3734 OF 2021 (GM-FC)
BETWEEN:
KAVITHA LIZZIE D'SOUZA AGED 35 YEARS, W/O MARIO WILSON MATHIAS D/O FELIX JOHN D'SOUZA R/AT NO.502, MEERA PALACE CHSL, MIRA POST AND VILLAGE ROAD, MIRA ROAD EAST, THANE - 401 107 MAHARASHTRA STATE
…PETITIONER
(BY SRI. S.K.ACHARYA U, ADVOCATE)
AND:
MARIO WILSON MATHIAS AGED 42 YEARS, S/O FRANCIS ALEX MATHIAS R/AT SORKALA HOUSE POST SHIRVA - 574 121 UDUPI TALUK AND DISTRICT
…RESPONDENT
(BY SRI. KUMAR M.N., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 08.12.2020 PASSED IN IA NO.1 IN MC NO.150/2018 ON THE FILE OF THE COURT OF THE II ADDL SENIOR CIVIL JUDGE AND JMFC UDUPI, VIDE ANNX-A, IN SO FAR AS ALLOWING APPLICATION IN PART AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Both the sides unanimously submit that lis in question
is settled before the jurisdictional Lok Adalath and therefore, matter be disposed off accordingly. Memo for withdrawal reads as under:
"It is respectfully submitted as follows:
On account of the matrimonial dispute between the parties, the dispute has been settled before the Lok Adalath on 25.06.2022 as per the joint memo dated: 25.06.2022 submitted in M.C.No.48/2021 on the file of the Court of the Principal Family Judge Udupi. the relief sought for in the above Writ Petition does not survive for consideration.
Hence it is respectfully prayed that the above Writ Petition may be permitted to be withdrawn as not pressed. It may be ordered accordingly."
In view of the above, writ petition is accordingly
disposed off.
Costs having been made easy.
Sd/JUDGE
DS
KAVITHA LIZZIE D'SOUZA
MARIO WILSON MATHIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
