Karnataka High Court
Shri Rangaswamy vs Smt Shantha D N on 14 February, 2024
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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NC: 2024:KHC:6306-DB
MFA No. 2385 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. 2385 OF 2021 (FC)
BETWEEN:
SHRI. RANGASWAMY
S/O SRI CHALUVAIAH,
AGED ABOUT 46 YEARS,
R/AT DOOR NO. 430, LIG GROUP - 1,
KHB COLONY,
HOTAGALLI,
BELAVADI POST,
MYSURU - 570 018.
...APPELLANT
(BY SRI. RAJESH P L., ADVOCATE)
AND:
Digitally
signed by SMT. SHANTHA D.N.
SHAKAMBARI
Location:
D/O SHRI. NAGANNA D.N.
HIGH COURT AGED ABOUT 37 YEARS,
OF
KARNATAKA R/AT DOOR NO. 1209,
5TH CROSS, WATER TANK ROAD,
KESARE, 3RD STAGE,
MYSURU - 570 007.
...RESPONDENT
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE
JUDGMENT AND DECREE DATED 12.10.2020 PASSED IN
M.C.NO. 217/2019 OF ON THE FILE OF THE II ADDITIONAL
PRINCIPAL JUDGE, FAMILY COURT, MYSURU, ALLOWING THE
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NC: 2024:KHC:6306-DB
MFA No. 2385 of 2021
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 respondents. 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.
Registry to permit to do the needful only
after payment of cost.
List after one week".
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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 the land revenue in
accordance with law by treating the order dated
01.02.2024 and today's order as decree.
7. In order to enable the Legal Services Committee
of this Court to take appropriate steps to recover the cost
NC: 2024:KHC:6306-DB
as ordered, the Registry to transmit the certified copies of
the order dated 01.02.2024 and today's order to the
beneficiary of the cost, immediately.
Sd/-
JUDGE
Sd/-
JUDGE
Sk/-
