Smt. Nirmala S vs Sri K. Shivakumar (Kumar)
2022 Latest Caselaw 3263 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 24TH DAY OF FEBRUARY, 2022

                        PRESENT

           THE HON'BLE MRS.JUSTICE S.SUJATHA

                           AND

        THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

                 M.F.A.No.7200/2015 (FC)

BETWEEN :

SMT.NIRMALA S.,
W/O K.SHIVAKUMAR
AGED ABOUT 30 YEARS
R/AT NO.3, 2ND A CROSS
SHIVANANDANAGAR, MUDALAPALYA
BHUVANESHWAR NAGAR
NEAR VIJAYA BANK,
BANGALORE-560079                            ...APPELLANT

(BY SRI SANJIVA V. BELAGALI, ADV.)


AND :

SRI K.SHIVAKUMAR (KUMAR)
S/O LATE KEMPAIAH
AGED ABOUT 36 YEARS
R/AT NO.16/3, 2ND MAIN,
5TH CROSS, GOVINDRAJNAGAR
THIMMENAHALLI
BANGALORE-560079                           ...RESPONDENT


      THIS M.F.A. IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT AGAINST THE JUDGMENT AND DECREE DATED
27.06.2015 PASSED IN M.C.NO.1720/2013 ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING
                         -2-

THE PETITION FILED UNDER SECTION 13(1)(i)(ia) OF THE
HINDU MARRIAGE ACT.

      THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:



                    JUDGMENT

Learned counsel appearing for the appellant

submits that sincere efforts made by him to contact the

appellant has not yielded any positive results. Hence,

he seeks to retire from the case.

2. We are not inclined to permit the learned

counsel appearing for the appellant to retire from the

case for the reasons as stated.

3. However, it is ex facie evident that despite

several opportunities provided to the appellant to take

steps for service of notice on the respondent and

peremptory order passed on 06.02.2021 to this effect,

no steps have been taken. It appears the appellant is

not serious in prosecuting the appeal.

Accordingly, appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

KTY