Appeal against dismissal of a restitution of conjugal rights petition was dismissed for non-prosecution, the appellant having repeatedly failed to appear and apparently not being interested in pursuing the appeal.
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NC: 2024:KHC:19402-DB MFA No. 541/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2024 PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.541/2017 (MC)
BETWEEN:
N MALLIKARJUNA S/O. NANJUNDAPPA AGE 37 YEARS AGRICULTURIST R/O. ANUVANAHALLI VILLAGE SHIVANI HOBLI TARIKERE TALUK CHIKKAMAGALURU DISTRICT – 577 228 … APPELLANT
(BY SRI.R.SHASHIDHARA, ADVOCATE) AND:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
SMT KAVITHA @ SAHANA W/O. MALLIKARJUNA D/O DHANANJAYA AGE 32 YEARS HOUSE HOLD WORK R/O TAVAREKERE VILLAGE AND POST UBRANI HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 213 …RESPONDENT
(RESPONDENT - SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.11.2016 PASSED IN MC.NO.30/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & PRINCIPAL JMFC, TARIKERE, DISMISSING THE PETITION FILED U/S 9 OF THE HINDU MARRIAGE ACT, FOR RESTITUTION OF CONJUGAL RIGHTS.
NC: 2024:KHC:19402-DB MFA No. 541/2017
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR HEARING THIS DAY, K.S.MUDAGAL J. , DELIVERED THE FOLLOWING:
JUDGMENT
No representation for the appellant.
The records show that even on the previous hearing dates
there was no representation for the appellant. It appears that the appellant is not interested in prosecuting the matter. Therefore, the appeal is dismissed for non prosecution.
Sd/JUDGE
Sd/JUDGE
PKN List No.: 1 Sl No.: 30
2 provisions across 1 enactments
N Mallikarjuna
Smt Kavitha @ Sahana
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
