Sri. K. Srinivasa vs Smt. Sharadhamma
2021 Latest Caselaw 6034 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 13TH DAY OF DECEMBER, 2021

                    PRESENT

       THE HON'BLE MR. JUSTICE B. VEERAPPA

                       AND

    THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

 MISCELLANEOUS FIRST APPEAL No.6339/2019 (FC)

BETWEEN:

SRI K SRINIVASA
S/O LATE KANAKAPPA
AGED ABOUT 59 YEARS
NO.12/04, 3RD CROSS
RATHNAMMA COMPOUND
KARANJIKATTE, KOLAR.
                                        ...APPELLANT
(BY SRI AKARSH, ADVOCATE)

AND:

SMT. SHARADHAMMA
D/O MUNIVENKATAPPA
W/O K SRINIVASA
AGED ABOUT 50 YEARS
R/AT KHAJI SONNENAHALLI
BIDARAHALLI HOBLI
BANGALORE EAST TALUK.
                                       ...RESPONDENT
(BY SRI CHANDRA MOHAN J.G, ADVOCATE)
                          -2-


                         ****

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 19(1) OF FC ACT AGAINST THE
JUDGMENT AND DECREE DATED 31.05.2019 PASSED IN
MC NO.68/2018 ON THE FILE OF THE PRL. JUDGE, FAMILY
COURT, KOLAR, REJECTING THE PETITION FILED UNDER
SECTION 9 OF THE HINDU MARRIAGE ACT.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ADMISSION THIS DAY, B.VEERAPPA J., DELIVERED
THE FOLLOWING:

                   JUDGMENT

The present Miscellaneous First Appeal has been

filed by the appellant- husband against the judgment

and decree dated 31.03.2019 on the file of the

Principal Judge, Family Court at Kolar made in

M.C.No.68/2018, dismissing the petition under the

provisions of Section 9 of the Hindu Marriage Act.

2. Sri Akarsh for Sri Chandra Mohan J.G.,

learned counsel appearing for the appellant submits

that the respondent- wife has died on 25.09.2020.

Hence, the present appeal does not survive for

consideration and accordingly files a memo dated

13.12.2021 praying to dismiss the appeal as having

become infructuous.

The submission of learned counsel and the

memo dated 13.12.2021 are placed on record.

In view of the above, the Miscellaneous First

Appeal is dismissed as having become infructuous.

Sd/-

JUDGE

Sd/-

JUDGE

PN CT.GD