The First Misc. Appeal was dismissed as a peremptory order dated 26.06.2024 was not complied with. Pending applications were disposed of without representation, and no further orders were required.
The appeal was dismissed due to non-compliance with the peremptory order. Pending applications were disposed of.
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:27459-DB MFA No.2014/2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2024 PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.2014/2020 (FC)
BETWEEN:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
Dr. MOHAN KUMAR B.L. S/O LAKKURAPPA B AGED ABOUT 49 YEARS RESIDING AT NO.682/17/1 KAIKONDARAHALLI SARJAUPR ROAD BANGALORE-560135. AND PREVIOUS ADDRESS NO.17/1, MOHAN NURSING HOME NEAR BUS STAND, SARJAPUR ROAD KAIKONDARAHALLI, BANGALORE-35.
…APPELLANT
(BY SMT. VIDYA SELVAMONY, ADV., [ABSENT])
AND:
Smt. GEETHANJALI .N W/O DR. MOHAN KUMAR B.L. AGED ABOUT 43 YEARS NO.104-A, GROUND FLOOR LAKSHMIVENKATESHWARA NILAYA 24TH CROSS, 14TH MAIN, 3RD BLOCK JAYANAGAR, BANGALORE-560011.
…RESPONDENT
THIS MFA IS FILED U/S. 19(1) OF THE FAMILY COURTS ACT, SET ASIDE THE JUDGMENT AND DECREE DATED. 01.08.2019, PASSED IN M.C. NO.1324/2014, ON THE FILE OF THE VIADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN SO FAR AS THE QUANTUM OF MAINTENANCE AWARDED.
NC: 2024:KHC:27459-DB MFA No.2014/2020
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT
No representation for the appellant.
The peremptory order dated 26.06.2024 is not complied. Hence, the appeal already stood dismissed. Pending applications stood disposed of.
No further orders are required.
Sd/JUDGE
Sd/JUDGE
BSR
List No.: 1 Sl No.: 4
2 issues framed by the court
Whether the first appeal filed under Section 19(1) of the Family Courts Act should be allowed when the peremptory order complied with did not receive representation.
Whether the appeal stands dismissed on failure to comply with the peremptory order.
1 provisions across 1 enactments
Dr. MOHAN KUMAR B.L.
Smt. GEETHANJALI .N
K.S. MUDAGAL
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
