MFA against dismissal of divorce petition was dismissed as non-prosecution because the appellant failed to pursue notice to respondent after order dated 26.07.2023.
Appeal dismissed for non-prosecution.
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NC: 2024:KHC-D:8607-DB MFA No.102626 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 25TH 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. 102626 OF 2020 (MC-)
BETWEEN:
UMESH S/O. MOTA GOUDA, AGE: 47 YEARS, OCC: SERVICE IN KRCL, R/O: TODUR, TQ AND DIST: KARWAR. (BY SRI. R.H. ANGADI, ADVOCATE)
…APPELLANT
AND:
JAGADISH T R Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
SMT. SARIKA W/O. UMESH GOUDA, AGE: 35 YEARS, OCC: PRIVATE SERVICE, R/O: JADIGADDE AMDALLI, TQ AND DIST: KARWAR.
…RESPONDENT
THIS MFA IS FILED U/SEC.28 (1) OF HINDU MARRIAGE ACT, PRAYING TO, SET ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED IN M.C.NO.41/2015, DATED 04.07.2020 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE KARWAR AND CONSEQUENTLY ALLOW THE PETITION FILED BY THE APPELLANT HEREIN.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, S G PANDIT J., PASSED THE FOLLOWING:
NC: 2024:KHC-D:8607-DB MFA No.102626 of 2020
ORDER
This appeal is directed against judgment & decree dated 4.7.2020 passed in MC No.41/2015 on the file of Principal Senior Civil Judge, Karwar, whereunder the petition filed by the appellant/husband under Section 12(1)(b), 12(2)(a)(ii) and Section 13(1)(ia) of the Hindu Marriage Act is dismissed.
There is no representation for the appellant in the morning session as well as in the afternoon.
This Court ordered notice on 26.07.2023. Till this date, the appellant has not taken steps for issuance of notice on respondent. It appears that the appellant is not interested in prosecuting the appeal. Accordingly, appeal stands dismissed for non-prosecution.
Sd/JUDGE
Sd/JUDGE
JTR CT:VP LIST NO.: 1 SL NO.: 27
1 issue framed by the court
Whether an appeal stands dismissed for non-prosecution when the appellant fails to take steps for issuance of notice.
2 provisions across 1 enactments
Umesh S/o. Mota Gouda
Smt. Sarika W/o. Umesh Gouda
S G Pandit
G Basavaraja
As recorded by the court registry
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