Appellant sought withdrawal of the special matrimonial appeal already pending before this Court. Withdrawal was permitted and the appeal was dismissed accordingly.
Permission to withdraw the appeal was granted; appeal dismissed as withdrawn.
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NC: 2024:KHC:18987-DB MFA No. 4748 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4748 OF 2022 (SMA)
BETWEEN:
MR. EUSTACE CUTINHA AGED ABOUT 47 YEARS S/O. STANISLAUS CUTINHA R/O. D-403, WILSON MANOR 13TH CROSS, WILSON GARDEN BANGALORE 560027.
…APPELLANT
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
(BY SMT. SUKANYA H D – ADVOCATE FOR SRI. RAMANA M.V.V - ADVOCATE)
AND:
MS. RASHMI SEQUEIRA AGE ABOUT 44 YEARS D/O. ROBERT SEQUEIRA R/O. SHARAN VILLA APARTMENT 402, 4TH FLOOR SHIVABAGH MAIN RAOD KADIR, MANGALORE 575002.
…RESPONDENT
THIS MFA IS FILED BY THE APPELLANT PRAYING TO SETASIDE THE JUDGMENT AND DECREE PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, D.K.MANGALORE IN M.C.NO.425 OF 2017 ON 14TH SEPTEMBER 2017 PRODUCED AS ANNEXURE-D.
THIS MFA, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Smt.Sukanya.H. for the appellant is present before the Court physically and has filed a memo stating that by mistake W.P.No.22060/2021 was filed and the same was converted into this appeal. However, against the impugned judgment MFA No.4666/2022 came to be filed which is pending consideration. Therefore, seeks for withdrawal of the present appeal.
The memo is taken on record. Consequently, the appellant is permitted to withdraw the appeal as sought for. Appeal is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
DKB
MR. EUSTACE CUTINHA
MS. RASHMI SEQUEIRA
K. SOMASHEKAR
CHILLAKUR SUMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
