Smt. Roopa @ Gangalakshmi vs Munianjanayappa @ Thammaiah
2024 Latest Caselaw 1086 Kant

Karnataka High Court

Smt. Roopa @ Gangalakshmi vs Munianjanayappa @ Thammaiah on 11 January, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                       -1-
                                                 NC: 2024:KHC:1700-DB
                                                 MFA No. 5197 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 11TH DAY OF JANUARY, 2024
                                     PRESENT

                  THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                                        AND

                  THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

             MISCELLANEOUS FIRST APPEAL NO. 5197 OF 2023 (FC)

             BETWEEN:

             SMT. ROOPA @ GANGALAKSHMI
             D/O GANGARAJU, R
             W/O MUNIANJANAYAPPA,
             AGED ABOUT 37 YEARS,
             R/AT NO. YELLAPPANAPALYA,
             THIPPAGONDANAHALLI POST,
             THAVAREKERE HOBLI,
             BANGALORE SOUTH TALUK.
                                                      ...APPELLANT
             (BY SRI. D.G. HEGDE., ADVOCATE)
             AND:

             1.    MUNIANJANAYAPPA @ THAMMAIAH
Digitally
signed by          S/O LATE. HANUMAIAH,
SHAKAMBARI
                   AGED ABOUT 42 YEARS,
Location:
HIGH COURT         R/AT NO 58, AGHARA VILLAGE,
OF
KARNATAKA          KENGERI HOBLI,
                   BANGALORE - 560 062.

             2.    SRI HEMANTH @ MANJU
                   S/O BYRAHANUMAIAH (POLICE DEPARTMENT)
                   AGED ABOUT 41 YEARS,
                   R/AT NEAR APPOLOW SCHOOL,
                   4TH CROSS, HEGANAHALLI CROSS,
                   VISHWANEEDAM POST, BANGALORE - 560091
                                                 ...RESPONDENTS
                                -2-
                                          NC: 2024:KHC:1700-DB
                                         MFA No. 5197 of 2023




     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 28(1)
OF HINDU MARRIAGE ACT AGAINST THE JUDGMENT AND
DECREE DATED 20.03.2023 PASSED IN MC NO. 3020/2012 ON
THE FILE OF THE I ADDITIONAL PRL. JUDGE, FAMILY COURT,
BENGALURU, REJECTING THE PETITION FILED UNDER SECTION
13(1)(i) OF THE HINDU MARRIAGE ACT AND ALLOWING THE
PETITION FILED UNDER SECTION 13(1)(i-a) OF THE HINDU
MARRIAGE ACT.

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

                              ORDER

Called again in the afternoon. None appear for the

appellant even at 2.30 p.m.

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

the previous date of hearing i.e. on 02.01.2024, five office

objections were to be complied with by the appellant. On that

day, the time was granted, however, imposing the cost. Even

till today, the appellant has neither complied the office

objections nor paid the cost as ordered on the previous date. It

appears that, the appellant is not interested in prosecuting this

appeal and he has also not evinced any interest to comply with

office objections.

NC: 2024:KHC:1700-DB

Therefore, the Appeal is dismissed for non-prosecution

and also for non-compliance of office objections.

Sd/-

JUDGE

Sd/-

JUDGE

Sk/-