In a Miscellaneous First Appeal regarding a guardianship petition, the High Court permitted the appellant to withdraw the appeal, which was filed erroneously as the order was not appealable. The appeal was dismissed as withdrawn.
Permission to withdraw the appeal is granted subject to the provisions of law governing the field.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.2294 OF 2024 (GW)
BETWEEN:
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
SRI. SABYASACHISENGUPTA, SON OF LATE GAURI SHANKAR SENGUPTA, AGED ABOUT 42 YEARS, RESIDING AT NO.C-215, KALPATHARU LAKEVIEW APARTMENTS, PUTTENAHALLI MAIN ROAD, OPP. TO PUTTENAHALLI GOVERNMENT HIGH SCHOOL, J.P.NAGAR, 7TH PHASE, BANGALORE - 560078. (BY SRI. ANANTH KUMAR C., ADVOCATE) AND:
SMT. DEBASREESIRCAR, WIFE OF SRI SABYASCHISENGUPTA, AGED ABOUT 37 YEARS, RESIDING AT NO.702, AXIS ESTRELLA TERRACES, BANNERUGHATTA ROAD SYNDICATE BANK COLONY, OMKAR NAGAR, HULIMAVU, BANGALORE - 560076.
…APPELLANT
…RESPONDENT
THIS MFA FILED U/S.47 (A) AGAINST THE JUDGMENT AND DECREE DATED 21.04.2023 PASSED IN
G AND WC NO. 341/2015 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED U/S.12 OF THE GUARDIAN AND WARDS ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, DR. CHILLAKUR SUMALATHA , J. , DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Ananth Kumar.C, learned counsel for the appellant.
though the order under Section 12 of the Guardians and Wards Act is not appealable, yet by inadvertence the appeal is filed and therefore, he may be permitted to withdraw the appeal with liberty to file appropriate application/petition. He submits that memo is also filed to that effect.
NC: 2024:KHC:18718-DB MFA No. 2294 of 2024
provisions of law governing the field.
Accordingly, the appeal is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
NS CT:TSM, List No.: 1 Sl No.: 14
1 issue framed by the court
Whether permission to withdraw an erroneously filed appeal under Section 12 of the Guardians and Wards Act should be granted.
SRI. SABYASACHISENGUPTA
SMT. DEBASREESIRCAR
K. SOMASHEKAR
CHILLAKUR SUMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
