Dismissed¶34

Sharanabasava S/O Amrut Hawaldar v. Smt. Pallavi D/O Venkatraman Prabhu W/O Sharanabasava Havaldar

Karnataka HC25 Apr 2025MFA/100752/2022

Case brief

AI extract

What is this about?

Dismissal for non-prosecution: MFA No. 100752 of 2022 (MC-) under S.19(4) Family Courts Act against order dt. 10.11.2021 in M.C. No.18/2020 (Senior Civil Judge, Kumta); office objections uncomplied despite multiple opportunities (orders dt. 08.04.2025 and 23.04.2025); no representation on 25.04.2025; appeal dismissed with Rs.5,000 costs payable to High Court Legal Services Committee, Dharwad Bench; coram S G Pandit and C.M. Poonacha, JJ.; decided 25.04.2025; NC: 2025:KHC-D:6907-DB.

What did the court decide?

Office objections were not complied with till date in spite of several opportunities and there was no representation for the appellant; it appears the appellant is not interested in prosecuting the appeal. ¶31

Sharanabasava S/O Amrut Hawaldar Vs Smt. Pallavi D/O Venkatraman Prabhu W/O Sharanabasava Havaldar — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:6907-DB MFA No. 100752 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF APRIL, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE S G PANDIT

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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MISCELLANEOUS FIRST APPEAL NO. 100752 OF 2022 (MC-)

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BETWEEN:

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SHARANABASAVA, S/O AMRUT HAWALDAR, AGE. 37 YEARS, OCC. PHYSIOTHERAPIST, WRONGLY SHOWN AS MEDICAL SERVICE, R/O. HOUSE NO. 2-907/31A/5 SEDAM ROAD, GUBBI COLONY, KALABURGI 585105.

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…PETITIONER

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(BY SMT. GIRIJA S HIREMATH, ADVOCATE)

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AND:

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ASHPAK KASHIMSA MALAGALADINNI Digitally signed byASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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SMT. PALLAVI, D/O VENKATRAMAN PRABHU, W/O SHARANABASAVA HAVALDAR AGE ABOUT 35 YEARS, OCC. MEDICAL SERVICE, R/O PADMASHRI, MAHASATI COLONY HERVATTA, TQ. KUMTA , DIST. UTTARAKANNADA – 581343

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SHOURYA, S/O SHARANABASAVA, AGE 6 YEARS, MINOR, REPRESENTED BY HIS NATURAL GUARDIAN MOTHER PETITIONER NO. 1 R/O PADMASHRI, MAHASATI COLONY HERVATTA, TQ. KUMTA , DIST. UTTARAKANNADA -581343

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…RESPONDENTS

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THIS MFA IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT PRAYING TO CALL FOR RECORDS AND SET ASIDE THE

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NC: 2025:KHC-D:6907-DB MFA No. 100752 of 2022

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ORDER DATED 10.11.2021 PASSED IN M.C. NO.18/2020 BY THE SENIOR CIVIL JDUGE, KUMTA.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

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This appeal is filed on 08.02.2022. Several opportunities

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have been provided to the appellant to comply the office objections.

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By order dated 08.04.2025, two week’s time was granted to comply the office objections, failing which the matter was ordered to be listed on 23.04.2025 for ‘Dismissal’. On 23.04.2025, as the office objections were not complied with, the matter was directed to be listed on 25.04.2025 affording one more opportunity for compliance.

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Today, when the matter is called, there is no representation for the appellant in the morning session as well as in the afternoon session. Office objections are not complied with till date in spite of providing several opportunities. It

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3 - NC: 2025:KHC-D:6907-DB MFA No. 100752 of 2022

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appears that the appellant is not interested in prosecuting the appeal.

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The appeal stands dismissed with costs of Rs.5,000/payable to the High Court Legal Services Committee, High Court of Karnataka, Dharwad Bench, Dharwad, along with costs, if any, imposed earlier.

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Sd/(S G PANDIT) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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KMS List No.: 2 Sl No.: 1

Sharanabasava S/O Amrut Hawaldar v. Smt. Pallavi D/O Venkatraman Prabhu W/O Sharanabasava Havaldar

Case brief

What is this about?

What did the court decide?

Sharanabasava S/O Amrut Hawaldar v. Smt. Pallavi D/O Venkatraman Prabhu W/O Sharanabasava Havaldar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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