Sri A R Madan vs Smt C A Ashwini
2023 Latest Caselaw 827 Kant

                                            -1-
                                                       MFA No. 4818 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 12TH DAY OF JANUARY, 2023
                                        PRESENT
                          THE HON'BLE MR JUSTICE ALOK ARADHE
                                            AND
                      THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                  MISCELLANEOUS FIRST APPEAL NO. 4818 OF 2022 (MC)
               BETWEEN:
               SRI A.R. MADAN
               S/O SRI A.N. RAJAGOPAL RAO
               AGED ABOUT 35 YEARS
               R/AT HOSUE NO.197
               KARASWADI ROAD
               OPP HOUSING BOARD
               MANDYA CITY.
                                                                ...APPELLANT
Digitally
signed by B    (BY SRI BHAT GANAPATHY NARAYAN, ADV.)
A KRISHNA
KUMAR
               AND:
Location:
High Court
of Karnataka   SMT. C.A. ASHWINI
               W/O A.R. MADAN
               D/O SRI ASHWITH KUMAR
               AGED ABOUT 34 YEARS
               R/AT CHIKKADE VILLAGE
               PADAVAPURA TALUK
               MANDYA DISTRICT.
                                                              ...RESPONDENT
                      THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU
               MARRIAGE ACT, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
               AND DECREE DATED 27.10.2021 FOR DISMISS FOR DEFAULT IN
               M.C.NO. 37/2018 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE,
               JMFC, AT MANDYA.


                      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ALOK
               ARADHE J., DELIVERED THE FOLLOWING:
                                    -2-
                                               MFA No. 4818 of 2022




                            JUDGMENT

This appeal has been filed under Section 28(1) of the

Hindu Marriage Act, 1955 against the judgment dated

27.10.2021 passed by the Trial Court in M.C.No.37/2018 by

which, the petition filed by the appellant has been dismissed for

want of prosecution. In the facts of the case, we are inclined to

relegate the appellant the remedy of filing an application under

Section 9 Rule 9 of CPC.

It is needless to state that in case, such an application is

filed within a period of two weeks from the date of receipt of

certified copy of this order, the same shall be dealt with by the

Trial Court in accordance with law. Accordingly, the appeal is

disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

NMS