First Appeal under S. 28 of the Hindu Marriage Act, 1955. The appellant failed to appear or file required documents despite notice, demonstrating lack of diligence. The High Court dismissed the appeal for non-prosecution.
The appeal was dismissed for non-prosecution on the grounds of absence and lack of due diligence.
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, DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 100736 OF 2014 (MC)
BETWEEN:
SUREKHA W/O. GANESH MEDAR, AGE: 29 YEARS, OCC: BUSINESS, R/O: OLD HUBLI, NEW HIGH SCHOOL, NEAR DURGAMMANA GUDI, OLD HUBLI, DIST: DHARWAD.
…APPELLANT
(BY SRI. M. H. PATIL, ADVOCATE)
AND:
SHIVAKUMAR HIREMATH Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.11.17 11:44:02 +0530
GANESH S/O. KALAKAPPA MEDAR, AGE: 32 YEARS, OCC: COOLIE, R/O: INDIRA NAGAR, CHIKODI, TQ: CHIKODI, DIST: BELGAUM.
…RESPONDENT (NOTICE TO RESPONDENT SERVED)
THIS MFA IS FILED U/S.28 OF THE HINDU MARRIAGE ACT 1955, AGAINST THE JUDGEMENT AND DECREE DATED: 19.02.2013, PASSED IN MATRIMONIAL CASE NO.96/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHIKODI, THE PETITION IS ALLOWED.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, S. SUNIL DUTT YADAV, J., MADE THE FOLLOWING:
NC: 2023:KHC-D:13078-DB MFA No. 100736 of 2014
ORDER
This Court on 25.10.2023 has passed the order, which
reads herein below:
“Order dated 29.07.2022 records that, the counsel for the appellant had submitted that, he has issued retirement notice and he would be filing a memo along with acknowledgement.
However, the matter is called out today. Neither the memo of retirement has been filed, nor the learned counsel for the appellant is present.
It is evident that, the appellant is not showing due diligence in prosecuting the appeal. It is made clear that, if the learned counsel for the appellant does not appear on the next date of hearing, orders for dismissal of the appeal would be passed.
Re-list this matter on 07.11.2023.”
It is noticed that when the matter is called out, there is
no representation on behalf of the appellant. It is clear that
the appellant is not diligent in prosecuting the proceedings.
Accordingly, the appeal is dismissed for non-prosecution.
Sd/-
JUDGE
Sd/JUDGE
NAA
List No.: 1 Sl No.: 45
2 issues framed by the court
Whether the appeal needs to be dismissed for non-prosecution due to absence of the appellant.
Whether the lack of the appellant's counsel and non-filing of the memorandum necessitate dismissal.
1 provisions across 1 enactments
Surekha W/O. Ganesh Medar
Shivakumar Hiremath & Ganesh S/O. Kalakappa Medar
S. Sunil Dutt Yadav
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
