Miscellaneous First Appeal filed under Section 28 of the Hindu Marriage Act was dismissed for non-prosecution because the appellant's counsel submitted he had no instructions and the appellant had received a retirement notice.
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NC: 2024:KHC-D:7712-DB MFA No. 100133 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.100133 OF 2014 (MC)
BETWEEN:
SHRI. KALLAPPA S/O. TAMMANNAPPA GALAGALI AGE: 34 YEARS, OCC: COOLIE, R/O. DHAVALESHWAR, TQ: BILAGI, DIST: BAGALKOT.
…APPELLANT
(BY SRI. KAMALAKAR M.S., FOR SRI. SRIKANTH T. PATIL, ADVOCATES)
AND:
SMT. KASHIBAI @ MALLAWWA W/O. KALLAPPA GALGALI AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O. KASHIBAI D/O. BASAPPA TELI, METAGUDDA VILLAGE, MUDHOL TALUKA, DIST: BAGALKOT.
K M SOMASHEKAR Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
…RESPONDENT (BY SRI. S.B. HEBBALLI, ADVOCATE)
THIS MFA IS FILED U/SEC. 28 OF THE HINDU MARRIGE ACT 1955, AGAINST THE JUDGEMENT AND DECREE DATED 25.10.2013 PASSED IN MATRIMONIAL CASE NO.2/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, BILAGI, ALLOWING THE PETITION FILED U/SEC.13(1)(1-a)(1-b) OF THE HINDU MARRIGE ACT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, S G PANDIT, J., PASSED THE FOLLOWING:
NC: 2024:KHC-D:7712-DB MFA No. 100133 of 2014
ORDER
Learned counsel Sri. Kamalakar M.S. appearing for Sri. Srikant T Patil, learned counsel for the appellant submits that there is no instruction from his client and moreover, he submits that retirement notice has been issued to the appellant today.
Since it is stated that counsel has no instruction to proceed with the matter, it would be appropriate to dismiss the appeal for non-prosecution. Accordingly, appeal stands dismissed for nonprosecution.
Sd/JUDGE
Sd/JUDGE
JTR CT:VP
SHRI. KALLAPPA S/O. TAMMANNAPPA GALAGALI
SMT. KASHIBAI @ MALLAWWA W/O. KALLAPPA GALGALI
S G PANDIT
G BASAVARAJA
As recorded by the court registry
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