Karnataka High Court
Sri. Aashrith Dayanand vs Nil on 27 June, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
-1-
NC: 2023:KHC:22150-DB
MFA No. 4208 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 4208 OF 2023 (FC)
BETWEEN:
1. SRI. AASHRITH DAYANAND
S/O SRI DAYANAND D C
AGED ABOUT 33 YEARS,
R/AT NO 972, 2ND MAIN ROAD,
4TH BLOCK, RAJAJINAGAR,
BENGALURU 560 010
REPRESENTED BY HIS SPA HOLDER
SMT P N PURNIMA,
W/O SRI D C DAYANAND,
Digitally signed AGED ABOUT 54 YEARS,
by BELUR
RANGADHAMA R/AT NO.972, 2ND MAIN ROAD,
NANDINI 4TH BLOCK, RAJAJINAGAR,
Location: HIGH
COURT OF BENGALURU 560 010.
KARNATAKA
2. SMT CHAITHRA LINGAPPA
D/O SRI LINGAPPA M
AGED ABOUT 29 YEARS,
OCCUPATION SENIOR ENGINEER
IN A MNC, R/AT NO 1578,
5TH BLOCK, VISVESWARAIAH
BDA LAYOUT,
-2-
NC: 2023:KHC:22150-DB
MFA No. 4208 of 2023
MAGANAHALLI CROSS,
ULLAL MAIN, BENGALURU 560 056
...APPELLANTS
(BY SRI. PADMANABHA V MAHALE, SR. COUNSEL
FOR SRI. JAYARAJ D S., ADVOCATE)
AND:
1. NIL.
...RESPONDENT
MFA FILED U/O.43 RULE 1(A) OF THE CPC, PRAYING SET
ASIDE THE ORDER DT.09.06.2023 PASSED IN MC
NO.5019/2022 ON THE FILE OF THE III ADDITIONAL
PRINCIPAL JUDGE, FAMILY COURT, BENGALURU.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J. DELIVERED THE FOLLOWING:
JUDGMENT
The order impugned in this appeal dated 09.06.2023, not
being an interlocutory order, appeal against such order is
maintainable. Therefore, the office objection with regard to
maintainability of the appeal is ignored.
2. Heard Sri.Padmanabha V. Mahale, learned Senior
Counsel appearing for the appellants on behalf of Sri.Jayaraj
D.S., counsel on record.
NC: 2023:KHC:22150-DB
MFA No. 4208 of 2023
3. This appeal under Section 19(1) of the Family Court
Act, 1984, has been filed against the order dated 09.06.2023
passed by the Family Court by which, petition filed by the
parties under Sectin13(B) of the Hindu Marriage Act, 1955, has
been dismissed for want of prosecution.
4. Learned Senior Counsel for the appellants submits that
the appellants have jointly filed a petition seeking dissolution of
marriage under Section 13(B) of the Hindu Marriage Act. It is
further submitted that the appellants are ready and willing to
submit the compliance report before the learned Judge of the
Family Court on such date as may be fixed by this Court. It is
assured by the learned counsel for the appellants that the
appellants shall appear each and every date as may be fixed by
the Family Court.
5. In view of the aforesaid undertaking furnished by the
learned Senior Counsel for the appellants and in the interest of
justice, order dated 09.06.2023 passed by the III Additional
Principal Judge, Family Court, Bengaluru, in M.C.No.5019/2022
is set aside.
NC: 2023:KHC:22150-DB
MFA No. 4208 of 2023
6. The parties are directed to appear before the III
Additional Principal Judge, Family Court, Bengaluru, on
30.06.2023. On the aforesaid date, the appellants shall report
compliance with the directions contained in the order dated
15.10.2022. Thereafter, the Family Court shall proceed to deal
with the matter expeditiously.
Accordingly, the appeal is allowed.
SD/-
JUDGE
SD/-
JUDGE
AP
