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2015 DIGILAW 1033 (KAR)

K. Nagaraj v. G. Sudha

2015-09-02

N.K.PATIL, P.S.DINESH KUMAR

body2015
JUDGMENT : N.K. Patil, J. 1. This appeal is filed by the appellant being aggrieved by the judgment and decree dated 27th November, 2013 passed in M.C. No. 162 of 2012 on the file of the learned Judge, Family Court at Davanagere, wherein the deceased appellant had filed the petition under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955 for grant of decree of divorce, dissolving their marriage solemnised on 28-6-2009. The said petition filed by the deceased was dismissed. Being aggrieved by the judgment and decree passed by the learned Judge, Family Court, Davanagere, the deceased appellant has presented this appeal. We have heard the learned Counsel appearing for the appellant and the learned Counsel appearing for the respondent. 2. Learned Counsel appearing for the respondent-Sri Prakash Patil (sic) has filed a Memo dated 1-9-2015 and submitted, in the light of the statements made in the Memo, the appeal filed by the appellant abates and the relief sought for does not survive for consideration. 3. His submission is placed on record. 4. In reply, the learned Counsel appearing for the appellant Sri Shanthappa B.H. (sic) submitted that the statements made in the Memo may be placed on record and the appeal may be disposed of. 5. The submission of the learned Counsel appearing for both the parties as stated supra is placed on record. The statements made in the Memo dated 1-9-2015 read thus: "The Counsel for the respondent herein respectfully prays that this Hon'ble Court that the appellant filed the above appeal against the decree passed in M.C. No. 162 of 2012 passed by the Hon'ble Family Judge at Davanagere. During the proceedings the appellant died on 1-2-2015, hence the appeal filed by the appellant is infructuous. The respondent is herewith producing the death certificate of appellant for kind perusal of this Hon'ble Court for further orders, in the interest of justice and equity." In the light of the statements made and for the reasons stated in the Memo, the instant appeal filed by the appellant abates. Ordered accordingly.