High Court of Karnataka disposed of a miscellaneous first appeal filed against a maintenance decree by granting four weeks for compliance with office objections, subsequently dismissing the appeal for non-compliance.
The appeal stands dismissed for non-compliance with office objections.
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 22ND DAY OF NOVEMBER, 2018
PRESENT
THE HON’BLE MR. JUSTICE L.NARAYANASWAMY
AND
THE HON’BLE MR. JUSTICE P.B. BAJANTHRI
MISCELLANEOUS FIRST APPEAL NO.609 OF 2018
BETWEEN
H.S. NATARAJU S/O H.S. SOMEGOWDA AGED ABOUT 48 YEARS R/AT HOSAKOTE GRAMA YELAWALA HOBLI MYSURU TALUK & DISTRICT-570001.
...APPELLANT
(By Sri. ABUBACKER SHAFI AND SANDHYA U. PRABHU Advocates)
AND:
S/O LATE SUBBEGOWDA AGED ABOUT 76 YEARS R/AT HOSAKOTE GRAMA YELAWALA HOBLI MYSURU TALUK AND DISTRICT-570001.
MFA.No.609/18 2
---------------------3. MYNAVATHI D/O H.S. SOMEGOWDA W/O MANJUNATHA AGED ABOUT 50 YEARS R/AT HEBBALA KOPPALU GRAMA HEBBALA HOBLI K.R.NAGARA TALUK MYSURU DISTRICT-570001.
... RESPONDENTS
This MFA filed U/S 19(1) of FAMILY COURT ACT, against the Judgment and Decree dated 02.01.2016 passed in O.S. No.42/2009 on the file of the Judge, Additional Family Court, Mysuru, suit filed by the plaintiff is decreed,
MFA.No.609/18 3
hereby defendants 1 & 2 are directed to pay monthly maintenance `.5,000/- each to the plaintiff from the date of this suit.
This Miscellaneous First Appeal is coming on for Orders this day, the Court made the following:
O R D E R
Four weeks time granted for compliance, failing which the appeal shall stand dismissed without reference to the Bench.
NOTE: Vide Court Order dt.22.11.2018 the Office Objections are not complied with. Hence Appeal stands dismissed.
T By: RM COPY
R By: BSL
C By: DS 15.1.21
1 issue framed by the court
Whether the failure to comply with office objections under Order VII Rule 11 CPC warrants dismissal of the miscellaneous first appeal.
2 provisions across 2 enactments
H.S. NATARAJU
RAJAMMA
H.S. SOMEGOWDA
MYNAVATHI
MANJULA
GIRIJA
L.NARAYANASWAMY
P.B. BAJANTHRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
