Sri N S Kubera S/O. N. S. Subbarayudu vs Smt Priyaka D.M. W/O. N. S. Kubera
2024 Latest Caselaw 4948 Kant

Karnataka High Court

Sri N S Kubera S/O. N. S. Subbarayudu vs Smt Priyaka D.M. W/O. N. S. Kubera on 19 February, 2024

Author: S G Pandit

Bench: S G Pandit

                                                        -1-
                                                          NC: 2024:KHC-D:3903-DB
                                                               MFA No. 100014 of 2023




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                                  PRESENT
                                    THE HON'BLE MR JUSTICE S G PANDIT
                                                        AND
                                THE HON'BLE MR JUSTICE K V ARAVIND
                        MISCELLANEOUS FIRST APPEAL NO. 100014 OF 2023
                                            (FC)
                      BETWEEN:

                      SRI. N. S. KUBERA,
                      S/O. N. S. SUBBARAYUDU,
                      AGED ABOUT 30 YEARS,
                      OCC: DRIVER,
                      R/O. HOUSE NO.142, 3RD CROSS,
                      SRIRAMPURA COLONY, BALLARI,
                      TQ & DIST: BALLARI, PIN CODE-583101.
                                                                              ...APPELLANT

                      AND:

                      SMT. PRIYAKA D. M,
                      W/O. N. S. KUBERA,
                      AGED ABOUT 25 YEARS,
                      OCC: BUSINESS AND TEACHING,
Digitally signed by
CHANDRASHEKAR         R/O. 2ND CROSS, WARD NO.16,
LAXMAN
KATTIMANI             SREERAMAPURAM COLONY, BALLARI,
Date: 2024.02.21
15:26:02 +0530
                      TQ & DIST: BALLARI. PIN CODE-583101.
                                                                          ...RESPONDENT
                      (BY SRI. K. RAGHAVENDRA RAO AND
                          SMT. V. VIDYA IYER, ADVOCATES)

                           THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                      SECTION 28 OF THE HINDU MARRIAGE ACT, PRAYING TO CALL FOR
                      RECORDS IN RESPECT OF M.C. NO.211/2021 ON THE FILE OF THE
                      PRINCIPAL JUDGE, FAMILY COURT, BALLARI AND SET ASIDE THE
                      IMPUGNED JUDGMENT AND ORDER DATED 12/10/2022 MADE IN
                      M.C. NO.211/2021 PASSED BY THE PRINCIPAL JUDGE, FAMILY
                      COURT, BALLARI AND FURTHER ALLOW THE M.C. NO.211/2021.

                             THIS    APPEAL,   COMING    ON   FOR   ORDERS,   THIS   DAY,
                      S G PANDIT, J., MADE THE FOLLOWING:
                                -2-
                                 NC: 2024:KHC-D:3903-DB
                                       MFA No. 100014 of 2023




                             ORDER

Learned counsel for the appellant submits that a memo

dated 28.03.2023 is filed seeking leave to retire from the

case on behalf of appellant. Further, it is submitted that

along with memo, endorsement signed by the appellant is

also could be found.

2. On perusal of the memo, it is seen, appellant has

stated that he has received No Objection Vakalat and signed

the memo. In view of the above, Sri G.I.Gachchinamath and

Sri S.C.Harti, learned advocates are permitted to retire from

the above case on behalf of the appellant.

3. Even till date the appellant has not made any

alternative arrangement to engage counsel. Hence, appeal

stands dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE