Smt. Rekha vs Sri. Baswaraj
2022 Latest Caselaw 11846 Kant

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

   DATED THIS THE 14TH DAY OF SEPTEMBER 2022

                           PRESENT

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                              AND

       THE HON'BLE MR. JUSTICE ANIL B.KATTI

 MISCELLANEOUS FIRST APPEAL No.202186/2018 (MC)

BETWEEN:

Smt. Rekha W/o Baswaraj Tatti
Age: 35 Years, Occ: Household Work
R/o Jawala, Tq. Aland
Dist. Kalaburagi
Now residing at C/o Shivappa Sharanappa
Nilgar, Plot No.227, Subhash Nagar
Near Dmyaneshwar Nagar, Jule Solapur
Tq. & Dist. Solapur (MS)

                                                     ... Appellant
(By Sri Sharanabasappa K. Babshetty, Advocate)

AND:

Sri Baswaraj S/o Kalyan Rao Tatti
Age: 41 Years, Occ: Nil, R/o H.No.4-3-85
Sharana Nagar, Aland, Tq. Aland
Dist. Kalaburagi-585 302
                                                   ... Respondent

      This Miscellaneous First Appeal is filed under Section 28 of
the Hindu Marriage Act, 1955, praying to call for the lower court
records and allow the appeal and set aside the judgment and
                                             MFA No.202186/2018
                              2




decree dated 28.09.2018 passed by the Senior Civil Judge at
Aland in M.C.No.7/2009, in the interest of justice and equity.

      This appeal coming on for Orders, through physical
hearing/video conference, this day Dr.H.B.Prabhakara Sastry
J., made the following:

                           ORDER

None appear in the matter either physically or through

video conference.

In spite of granting sufficient opportunities in this

appeal of the year 2018, the appellant has not ensured the

service of notice upon the respondent. Several opportunities,

even as finally were also granted to the appellant, which

opportunity the appellant has not made use of. Hence, the

appeal stands dismissed as against the sole respondent for

non-taking steps as well as for non-prosecution.

Consequently, the appeal also stands dismissed for

non-prosecution and for not taking steps.

Sd/-

JUDGE

Sd/-

JUDGE BL