Revision petition under Section 19(4) of the Family Courts Act challenging a Family Court maintenance order was withdrawn on the petitioner's memo, with liberty to pursue appropriate proceedings and exclusion of time spent from limitation.
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NC: 2024:KHC-D:3148 RPFC No. 100005 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF FEBRUARY, 2024 BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA REV.PET FAMILY COURT NO.100005 OF 2024
BETWEEN:
SRI. SURESH S/O. PRABHAKAR KHOT, AGE. 42 YEARS, OCC. PRIVATE SERVICE AND LANDLORD, R/O. “SANTOSH KRUPA”, R.S.NO.188/6, PLOT NO.33, NEAR HEMARADDI KALYAN MANTAP, BASAVA NAGAR, GOKAK, TAL. GOKAK, DIST. BELAGAVI, PIN-591307.
…PETITIONER
(BY SRI. R.S. HAVALDAR, ADVOCATE)
AND:
Digitally signed
by SAMREEN
SAMREENAYUBDESHNUR AYUBDESHNURDate:2024.02.15
13:28:31
+0530
…RESPONDENTS
THIS R.P.F.C. IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR THE RECORDS IN CRL.MISC.NO.39/2021 ON THE FILE OF THE HONBLE PRL. JUDGE FAMILY COURT BELAGAVI AT AND SET ASIDE THE IMPUGNED ORDER DATED 11.09.2023 AT ANNEXURE-J ON THE FILE OF HONBLE PRL. JUDGE FAMILY COURT BELAGAVI AND ALLOW THIS APPEAL BY DISMISSING THE CRL. PETITION U/SEC. 127 OF CPC AT ANNEXUREG TO MEET THE ENDS OF JUSTICE AND EQUITY.
NC: 2024:KHC-D:3148 RPFC No. 100005 of 2024
THIS R.P.F.C., COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the revision petitioner has filed a
memo.
Memo reads as under:
“Herein the memo submitted on behalf of revisioner petitioner is as under:
That in view of maintainability of the said petition, I may kindly be permitted to withdraw the above petition and liberty may kindly be granted to file a fresh criminal R.P. by excluding the limitation and also permitted me to get back the C/C of all annexures. Which were filed along with the above petition in the interest of justice and equity.
Hence, this memo.”
In view of the memo, revision petition is permitted to
be withdrawn with liberty to file appropriate proceedings before the appropriate Court.
NC: 2024:KHC-D:3148 RPFC No. 100005 of 2024
Time spent before this Court shall be excluded for
the purpose of computation of limitation.
Original/certified documents are ordered to be
returned to the revision petitioner.
Sd/JUDGE
SH
List No.: 3 Sl No.: 16
Sri. Suresh S/o Prabhakar Khot
Smt. Nivedita W/o Suresh Khot
Kumari Shrinidhi @ Bhumika D/o Suresh Khot
V. Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
