Smt. L. Vishalakshi vs Sri N Chandrashekar
2024 Latest Caselaw 4502 Kant

Karnataka High Court

Smt. L. Vishalakshi vs Sri N Chandrashekar on 14 February, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                      -1-
                                                   NC: 2024:KHC:6354-DB
                                               MFA No. 1085 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. 1085 OF 2021 (MC)

             BETWEEN:

             SMT. L. VISHALAKSHI
             W/O. N. CHANDRASHEKAR,
             AGED ABOUT 36 YEARS,
             R/O. S.A.S. NO. 190, 2ND CROSS,
             OPPOSITE THE HOUSE OF ELE SHIVANNA,
             VIVEKANANDANAGAR ROAD,
             GAYITHRI EXTENTION,
             CHANNARAYAPATNA,
             TOWN AND TALUK.
                                                       ...APPELLANT
             (BY SRI. PRASANNA B.K. ADVOCATE FOR
             SMT. KAVITHA H C., ADVOCATE)
Digitally
signed by
SHAKAMBARI   AND:
Location:
HIGH COURT
OF
KARNATAKA
             SRI. N. CHANDRASHEKAR
             S/O. NANJAPPA,
             AGED ABOUT 43 YEARS,
             R/O. RANNAKAVI ROAD,
             KUVEMPUNAGAR EXTENSION,
             CHANNARAYAPATTNA TOWN AND TALUK,
             PRESENTLY R/AT. T.DASARAHALLI,
             BANGALORE.
                                                       ...RESPONDENT
                              -2-
                                      NC: 2024:KHC:6354-DB
                                      MFA No. 1085 of 2021




     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 28(1)
OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND
DECREE DATED. 23.07.2020, PASSED IN MC NO.57/2017, ON
THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC.,
CHANNARAYAPATNA,        ALLOWING   THE   PETITION   FILED
U/SEC.13(1)(i-a) (i-b) OF HINDU MARRIAGE ACT, 1955.

     THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., MADE
THE FOLLOWING:
                           ORDER

Called again in the afternoon. Sri.Prasanna B.K,

learned proxy counsel for the appellant is physically

present and submits that process has been paid in the

Registry.

2. As shown by the Registry in the cause-list, on

three occasions, the appellant has taken steps against the

respondent to the very same address and they have been

returned unserved. The latest shara is `no such person is

available' in the address. Thus, it was required of the

appellant to ascertain the complete, present and correct

address of the unserved respondent and take steps which,

admittedly, the appellant has not done.

NC: 2024:KHC:6354-DB

3. There is no point in re-issuing the notice to the

very same address where respondent is not residing. This

would only further procrastinate the proceedings.

Incidentally, the appeal is of the year 2021.

4. Under the above circumstances, when the

appellant who had remained absent when the matter was

called twice in the morning and has not taken effective

steps to ensure service of notice upon the respondent, it

has to be inferred that appellant is not interested in

prosecuting the matter by taking appropriate steps.

5. Accordingly, the appeal stands dismissed for not

taking appropriate steps and for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

Sk/-