The court held that since the appellant failed to comply with a peremptory order dated 25.06.2024, the pending miscellaneous first appeal duly stood dismissed without requiring further orders.
The appeal was dismissed.
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:28525-DB MFA No. 4126/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND 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.4126/2017 (IDA)
BETWEEN:
MRS ANITHA NANCY PINTO AGED ABOUT 38 YEARS D/O SALVADOR PINTO PINTO HOUSE NALLUR VILLAGE-574 122 KARKALA TALUK UDUPI DISTRICT
…APPELLANT
(BY SRI. VEERESH M. UPPIN, ADVOCATE FOR SRI. CHANDRANATH ARIGA K.,ADVOCATE)
AND:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
MR. THOMAS RODRIGUES S/O MR MARSHAL RODRIGUES AGED ABOUT 46 YEARS KALLANTHADKA HOUSE POST:KODIMBALA VILLAGE-574 307 PUTTUR TALUK D.K …RESPONDENT
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 55 INDIAN DIVORCE ACT PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED 20.03.2017 PASSED IN M.C.NO. 17/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL CHIEF JUDICIAL MAJESTRATE, KARKALA, DISMISSING THE PETITION FILED UNDER SECTION 10 READ WITH SECTION 22 OF THE INDIAN DIVORCE ACT 1869.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:28525-DB MFA No. 4126/2017
CORAM:
THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MRS JUSTICE K.S.MUDAGAL)
Peremptory order dated 25.06.2024 is not complied.
Therefore, appeal already stood dismissed. No further orders
are required.
Sd/(K.S.MUDAGAL)
JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
PKN
List No.: 1 Sl No.: 1
3 issues framed by the court
Whether to set aside the judgment and decree dismissing the petition under Section 10 read with Section 22 of the Indian Divorce Act, 1869 due to non-compliance of a peremptory order.
Whether to dismiss the appeal pending compliance of earlier directions.
Whether the appeal should be dismissed for non-compliance of peremptory order.
Colour shows how this judgement treated each authority
M.C.NO. 17/2014Referred¶15
1 provisions across 1 enactments
MRS ANITHA NANCY PINTO
MR. THOMAS RODRIGUES
K.S. MUDAGAL
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
