Appeal against a Family Court decree allowing a restitution of conjugal rights petition was dismissed after counsel reported he could not contact the appellant or serve notice on the respondent, indicating non-prosecution.
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.
NC: 2024:KHC:2543-DB MFA No. 1751 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2024 PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 1751 OF 2017 (FC)
BETWEEN:
SMT. KASTURI P.N W/O.GOPALAKRISHNA D.S. AGED 34 YEARS, SENIOR MANAGER, SYNDICATE BANK, HIRIYUR BRANCH, HIRIYUR, CHITRADURGA DISTRICT 572 143.
…APPELLANT
(BY SRI. MD.AKRAM UPPIN FOR SRI. R. KOTHWAL., ADVOCATE)
AND:
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
SRI. GOPALAKRISHNA D.S S/O.SAMYANAIK D. AGED 34 YEARS, SENIOR BRANCH MANAGER, SYNDICATE BANK, ANEKALLU BRANCH, BANGALORE URBAN DISTRICT 562 106.
…RESPONDENT
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19 (1) OF FAMILY COURT ACT, AGAINST THE
JUDGEMENT AND DECREE DATED 26.04.2016 PASSED IN M.C.NO. 219/2014 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANAGERE, ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned Counsel for the appellant who is physically
present and submits that inspite of his repeated attempt to contact his client i.e. the appellant, he is unable to contact him and there is no response from the appellant to
get further instructions in the matter. This leads to his helplessness. Though he intends to retire from the matter, however, admittedly, he is not able to serve notice upon the respondent and not able to convey his intention of retirement from the matter.
NC: 2024:KHC:2543-DB MFA No. 1751 of 2017
ensure service of notice upon respondent. As such, the appeal stands dismissed for not taking steps.
Sd/JUDGE
Sd/JUDGE
PSJ List No.: 1 Sl No.: 9
1 issue framed by the court
Whether the appeal should be dismissed for the appellant's failure to prosecute and take steps for service of notice on the respondent.
2 provisions across 2 enactments
Smt. Kasturi P.N
Sri. Gopalakrishna D.S
H.B.Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
