Karnataka High Court
Likitha M vs Lakshman C on 14 February, 2024
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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NC: 2024:KHC:6305-DB
MFA No. 1661 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 1661 OF 2021 (FC)
BETWEEN:
LIKITHA M
W/O LAKSHMAN.C
D/O MURUGAN
AGED ABOUT 23 YEARS,
PRESENTLY R/A NO.9,
2ND A MAIN ROAD,
5TH CROSS, 10TH WARD HONGASANDRA,
BOMMANAHALLI,
BENGALURU-560 068.
...APPELLANT
(BY SRI. GOPALA GOWDA T.N., ADVOCATE)
Digitally AND:
signed by
SHAKAMBARI
Location: LAKSHMAN .C
HIGH COURT
OF S/O. C. CHANDRASHEKAR
KARNATAKA AGED ABOUT 28 YEARS,
R/A NO.138
SRILAKSHMI VENKATESHWARA NILAYA,
HAMSA FARM, SEEGEHALLIGATE,
MAGADI MAIN ROAD,
DASANAPPURA HOBLI,
BENGALURU NORTH,
BENGALURU-562 130.
...RESPONDENT
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NC: 2024:KHC:6305-DB
MFA No. 1661 of 2021
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 19(1)
OF THE FAMILY COURTS ACT, 1984 AGAINST THE JUDGMENT
AND DECREE DATED 20.03.2020 PASSED IN MC NO.2470/2019
ON THE FILE OF THE III ADDITIONAL PRL JUDGE, FAMILY
COURT, BENGALURU, DISMISSING THE PETITION FILED
UNDER SECTION 13(1) (ia) OF THE HINDU MARRIAGE ACT.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., MADE
THE FOLLOWING:
ORDER
Called again in the third round in the afternoon. Still
the learned counsel for the appellant is neither present
physically nor through video conference.
2. On 01.02.2024, this Court has made the following
observation:
"None appears for the appellant even in
the afternoon session.
This appeal is of the year 2021. The
appellant has taken sufficient time to take
steps against respondent. Having regard to
the nature of the case, it is just and proper to
give one more opportunity to the appellant to
take steps, however, by imposing a cost of
`500/- payable by the appellant to the Legal
Services Committee of this Court within two
days from today and filing a compliance
memo along with receipt in the registry within
the said period, as a final opportunity, a
week's time is granted to comply the office
objections.
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Registry to permit to do the needful only
after payment of cost.
List after one week".
3. Inspite of the above, the appellant has neither
paid cost nor reported the compliance nor taken fresh
steps to ensure the service of notice upon the respondent.
4. The appeal is of the year 2021. It goes to show
that the appellant is not interested in prosecuting the
appeal by taking steps for service of notice upon the
respondent.
5. Accordingly, the appeal stands dismissed for not
taking steps and for non-prosecution.
6. Since the appellant has not paid the cost as
ordered on 01.02.2024, the beneficiary of the cost i.e., the
Legal Services Committee of this Court is at liberty to
recover the cost as arrears of land revenue in accordance
with law by treating the order dated 01.02.2024 and
today's order as decree.
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7. In order to enable the Legal Services Committee of
this Court to take appropriate steps to recover the cost as
ordered, the Registry to transmit the certified copies of the
order dated 1.2.2024 and today's order to the beneficiary
of the cost, immediately.
Sd/-
JUDGE
Sd/-
JUDGE
Sk/-
