Sri M C Sreerama Reddy vs Smt K N Manjula
2024 Latest Caselaw 4837 Kant

Karnataka High Court

Sri M C Sreerama Reddy vs Smt K N Manjula on 16 February, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                       -1-
                                                  NC: 2024:KHC:6667-DB
                                                  MFA No. 336 of 2022




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                 DATED THIS THE 16TH 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. 336 OF 2022 (MC)

             BETWEEN:

             SRI. M.C. SREERAMA REDDY
             AGED ABOUT 46 YEARS,
             S/O CHIKKA GUDDEPPA,
             R/AT MUNGANAHALLI VILLAGE AND HOBLI,
             CHINTAMANI TALUK,
             CHIKKABALLAPURA DISTRICT 563 125.
                                                      ...APPELLANT
             (BY SRI. SHIVARAJU M.K., ADVOCATE)
             AND:

             SMT. K.N. MANJULA
Digitally
             AGED ABOUT 41 YEARS,
signed by    W/O M.C. SREERAMA REDDY,
SHAKAMBARI
Location:
             D/O LATE NANJUNDAPPA,
HIGH COURT   BADGE NO.8663, BMTC CONDUCTOR,
OF
KARNATAKA    R/AT KANITHAHALLI VILLAGE,
             KONDENAHALLI POST,
             NANDI HOBLI,
             CHIKKABALLAPURA TALUK - 563 125.
                                                      ...RESPONDENT

                  THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.28(1)
             OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND
             DECREE DT.23.12.2020 PASSED IN MC NO.34/2018 ON THE
             FILE OF THE SENIOR CIVIL JUDGE, JMFC, CHINTHAMANI,
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                                          NC: 2024:KHC:6667-DB
                                          MFA No. 336 of 2022




DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia)
OF THE HINDU MARRIAGE ACT, 1955.

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

None appears for the appellant either physically or

through video conference.

2. No reasons are forthcoming for the non-

appearance of the learned counsel for the appellant.

3. A perusal of the order sheet would go to show

that inspite of granting several and sufficient

opportunities, the appellant has not taken fresh steps to

ensure the service of notice upon the respondent. This

Court on 07.02.2022 made the following observation:

"At the request of the learned counsel for the appellant, a week's time as prayed is granted to ascertain the correct, complete and present address of the respondent and to take steps.

In case, if the needful is not done within a week's time from today, registry to list the matter on 16.02.2024."

NC: 2024:KHC:6667-DB

4. Inspite of the above, the appellant has not

taken steps. Atleast, the learned counsel for the appellant

could have appeared through video conference and made

the submission, which also has not been done. This

appeal is of the year 2022. This appeal which arises out of

a matrimonial case is pending at the stage of issuance of

notice upon the unserved respondent.

5. Under the above circumstance, we find no reason

to adjourn this appeal. Accordingly, the appeal is

dismissed for non-prosecution as well as for not taking

steps.

Sd/-

JUDGE

Sd/-

JUDGE

PSJ