Shri.Srinivas Ekanath Chopade vs Smt.Shantabai W/O Irappa Dhavali
2024 Latest Caselaw 27406 Kant

Karnataka High Court

Shri.Srinivas Ekanath Chopade vs Smt.Shantabai W/O Irappa Dhavali on 14 November, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                              -1-
                                                      NC: 2024:KHC-D:16696-DB
                                                      MFA No. 103177 of 2015




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                         DATED THIS THE 14TH DAY OF NOVEMBER, 2024
                                           PRESENT
                        THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                              AND
                          THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                 MISCELLANEOUS FIRST APPEAL NO. 103177/2015 (GW/WC)

                 BETWEEN:

                 SHRI. SRINIVAS EKANATH CHOPADE,
                 AGE: 35 YEARS, OCC: WEAVER,
                 R/O. KALMESHWAR GALLI,
                 VADAGAON-BELAGAVI-590005.
                                                                   ...APPELLANT
                 (BY SMT. REKHA PATIL & SRI. C. S. SHETTAR, ADVOCATES)

                 AND:

                 1.   SMT. SHANTABAI W/O. IRAPPA DHAVALI,
                      AGE: 47 YEARS, OCC: HOUSEHOLD,
                      R/O. PLOT NO.59, MALAPRABHA NAGAR,
                      VADAGAON-BELAGAVI-590005.

                 2.   KUMAR DARSHAN S/O. SHRINIVAS CHOPADE,
                      AGE: 4 YEARS, OCC: NIL,
                      BEING MINOR REP. BY MATERNAL GRAND
Digitally
signed by
JAGADISH T R
                      MOTHER SMT. SHANTABAI W/O. IRAPPA
Location: High
Court of
                      DHAVALI-RESPONDENT NO.1,
Karnataka,
Dharwad               AGE: 47 YEARS, OCC: HOUSEHOLD,
Bench
                      R/O. PLOT NO.59, MALAPRABHA NAGAR,
                      VADAGAON-BELAGAVI-590005.
                                                                 ...RESPONDENTS
                 (BY SRI. SURAJ S. MUTNAL, ADV. FOR R1; R2 IS MINOR REP. BY R1)

                       THIS MFA IS FILED U/S.47 OF THE GUARDIANS & WARDS
                 ACT, 1890, PRAYING TO SET ASIDE THE ORDER DATED 01.10.2015
                 PASSED BY JUDGE, FAMILY COURT BELAGAVI IN G & WC 14/2014
                 AND ALLOW THE APPEAL WITH COSTS THROUGHOUT BY GRANTING
                 THE PETITION IN G & WC 14/2014.

                      THIS APPEAL, COMING ON FOR FINAL HEARING, JUDGMENT
                 WAS DELIVERED THEREIN AS UNDER:
                                  -2-
                                         NC: 2024:KHC-D:16696-DB
                                         MFA No. 103177 of 2015




CORAM:     THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
            AND
            THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

This appeal was admitted on 25.04.2018. When the

matter was posted for hearing on 24.01.2022, none appeared

for the appellant. Again when it was listed on 11.01.2023,

there was no representation for the appellant. Again it was

posted on 13.02.2023, 19.06.2023, 4.1.2024, but none

appeared for the appellant. Even today, when the matter was

called, none appeared for the appellant, but learned counsel for

the respondent is present. It appears that the appellant is not

interested to prosecute the matter. Accordingly, the appeal is

dismissed for non-prosecution.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE JTR/ct-an