Harsha @ Harsha B M vs T V Shailaraja Urs
2024 Latest Caselaw 4505 Kant

Citation : 2024 Latest Caselaw 4505 Kant
Judgement Date : 14 February, 2024

Karnataka High Court

Harsha @ Harsha B M vs T V Shailaraja Urs on 14 February, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                      -1-
                                               NC: 2024:KHC:6308-DB
                                               MFA No. 6247 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. 6247 OF 2021 (FC)

             BETWEEN:

             HARSHA @ HARSHA B.M
             S/O M.S.BETAGERI,
             AGED ABOUT 33 YEARS,
             WORKING AS COLLECTION BOY
             IN MARUTI TRADERS,
             GOPAL GOWDA EXTENSION,
             SHIVAMOGGA 577 204.
                                                 ...APPELLANT

             (BY SRI. R CHIDANANDA MURTHY., ADVOCATE)
             AND:
Digitally
signed by    T.V. SHAILARAJA URS
SHAKAMBARI
Location:    W/O. HARSHA @ HARSHA B.M,
HIGH COURT   D/O. LATE VENAKATARAJA URS,
OF
KARNATAKA    AGED ABOUT 37 YEARS,
             WORKING IN GARMENTS,
             R/O 3RD CROSS, MAIN ROAD,
             BESIDES CHANNEL GOPALA,
             SHIVAMOGGA.

             ALSO AT
             R/O TEGUR VILLAGE,
             CHIKKAMANGALURU DISTRICT.
                             -2-
                                       NC: 2024:KHC:6308-DB
                                      MFA No. 6247 of 2021




ALSO AT,
R/O C/O GANGARAJA URS,
FAMILY HEALTH AND WELFARE DEPARTMENT,
BALEHONNUR, CHIKKAMANGALURU DISTRICT.

ALSO AT
R/O C/O GANGARAJA URS,
1ST CROSS, NEAR WATER TANK,
VIJAYA NAGARA,
CHIKKAMANGALURU 577 101.
                                             ...RESPONDENT

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE
JUDGMENT AND DECREE DATED 22.10.2021 PASSED IN
M.C.NO. 22/2019 ON THE FILE OF THE PRINCIPAL JUDGE,
FAMILY COURT, CHIKKAMANGALURU, DISMISSING THE
PETITION FILED UNDER SECTION 13(1) (ia) AND (ib) 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 even in the afternoon session.

NC: 2024:KHC:6308-DB

As the appellant has taken sufficient time to take steps, the appellant is saddled with cost of Rs.500/- to be payable to the High Court Legal Services Committee within two days from today and shall produce receipt for having paid the process.".

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 2020. 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