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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF APRIL, 2021

BEFORE

THE HON9BLE MR. JUSTICE P. KRISHNA BHAT

R. F. A. No.12/2007 (RES)

BETWEEN :

H.C.GIRISH

S/O LATE CHANNAYYA PATEL

A/A: 43 YEARS, AGRICULTURIST

R/O: HOLEBENAVALLI, NIDIGE POST

TQ & DIST : SHIMOGA 3 587201.

... APPELLANT

(BY SRI SHIVAYOGI.B.HALLUR, ADV.)

AND :

1.

SMT. B. M. MALA

W/O: H.C.GIRISH

D/O: B. A. MAHESHWARAPPA

A/A : 33 YEARS

2.

H. G. TANU

D/O : H.C.GIRISH

(WRONGLY DESCRIBED AS SON)

A/A : 10 YEARS, MINOR,

R/BY HER MOTHER RESPONDENT NO.1

BOTH RESIDING AT : 2^ND CROSS

J.P.N. ROAD, SHIMOGA 3 587201.

& RESPONDENTS

(BY SRI DEVARAJ L , ADV

FOR SRI MADHUKAR DESHPANDE ADV FOR R1 AND R2)

2

THIS RFA IS FILED UNDER SECTION 96. READ WITH

ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND

DECREE DATED 07.09.2006 PASSED IN O. S. NO. 125/2006

ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND CJM.,

SHIMOGA,

PARTLY

DECREEING

THE

SUIT

FOR

MAINTENANCE.

THIS RFA COMING ON FOR HEARING, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

J U D G M E N T

Learned counsel for respondent No.2 has filed an

application under Order 32 Rule 12 read with Section 151 of the

Code of Civil Procedure, 1908 seeking discharge of the guardian

of respondent No.2. The appellant herein is the father of

respondent No.2 and respondent No.1 is the mother.

2. A joint memo dated 01.04.2021 is filed today before

the Court. It is signed by Sri. S.B. Hallur, learned counsel for

the appellant who is present. Appellant is present in person.

He has also signed the joint memo. The joint memo is signed by

the respondent No.1 and respondent No.2. Learned advocate

Sri. Devaraj L. for respondent Nos. 1 and 2 is present. He has

also signed the joint memo.

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3. Since respondent Nos. 1 and 2 are not physically

present, they have sworn to an affidavit before the notary and

annexed the said affidavit to the joint memo. In the affidavit

respondent No.2 has stated that she is aged 24 years. In that

view of the matter and accepting the application filed under

Order 32 Rule 12 of the Code of Civil Procedure, 1908, in view of

attainment of the age of majority by respondent No.2, her

guardian is discharged.

4. In the affidavit jointly sworn to by respondent Nos. 1

and 2, it is stated that Smt. B.M.Mala and Smt. H.G. Tanuja

have read the contents of the joint memo and being aware of the

contents of the same, they have signed it. They have further

stated that due to Covid Pandemic, they are unable to be

present before the Court personally.

5. Since, I am satisfied that parties have signed the joint

memo, they have understood the implications of the same and

because it is in their best interest, I accept the same. Joint

memo is accordingly placed on record.

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Appeal is disposed of in terms of the joint memo.

Office to draw the decree accordingly.

Sd/-

JUDGE

Mgn/-