Sri. Charan Puthran vs Smt. Niveditha
2025 Latest Caselaw 2238 Kant

Karnataka High Court

Sri. Charan Puthran vs Smt. Niveditha on 4 August, 2025

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                                                   NC: 2025:KHC:30077-DB
                                                    MFA No. 8914 of 2017


                HC-KAR




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 4TH DAY OF AUGUST, 2025

                                        PRESENT
                         THE HON'BLE MR. JUSTICE JAYANT BANERJI
                                          AND
                         THE HON'BLE MR. JUSTICE UMESH M ADIGA
                MISCELLANEOUS FIRST APPEAL NO. 8914 OF 2017 (FC)


                BETWEEN:

                SRI. CHARAN PUTHRAN,
                S/O LATE. NARAYAN KANCHAN,
                AGED ABOUT 42 YEARS,
                OCCUPATION: FISHERMAN,
                R/O NEAR BABBARYA TEMPLE,
                SANDSPIT, THOTA BENGRE,
                MANGALURU-575 001.
                                                            ...APPELLANT
                (BY SMT. RACHITHA RAJSHEKAR, ADVOCATE (ABSENT))

Digitally       AND:
signed by K G
RENUKAMBA
                SMT. NIVEDITHA,
Location:
HIGH COURT      D/O LATE.NARAYAN KARKERA,
OF              AGED ABOUT 40 YEARS,
KARNATAKA       OCCUPATION: TAILORING WORK,
                R/O NO.21-4-PL89/3, HOIGE BAZAR,
                MANGALURU-575 001.
                                                          ...RESPONDENT
                (BY SRI. CYRIL PRASAD PAIS., ADVOCATE)

                    THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
                COURTS ACT, 1984, AGAINST THE JUDGMENT AND DECREE
                DATED 11.10.2017, PASSED IN M.C.NO.314/2015, ON THE
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                                        NC: 2025:KHC:30077-DB
                                        MFA No. 8914 of 2017


HC-KAR




FILE OF THE PRL. JUDGE, FAMILY COURT, D.K. MANGALURU,
ALLOWING THE PETITION UNDER SECTIONS-9 AND 24 OF
HINDU MARRIAGE ACT, 1955.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE JAYANT BANERJI
          AND
          HON'BLE MR. JUSTICE UMESH M ADIGA


                      ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

We have perused the record of this appeal.

2. No one has appeared for the appellant, when the

matter was called-up, even on the revision of the list.

3. It appears from the record that on 30.10.2018,

an interim stay of the impugned Decree dated 11.10.2017

was granted to the appellant subject to depositing 50% of

the amount payable under the decree with the Trial Court

within three weeks from that date, failing which the interim

order of stay was to stand vacated without any further order

in this behalf. Thereafter, when the matter was listed on

19.07.2022, the following order was passed:-

NC: 2025:KHC:30077-DB

HC-KAR

"Ms. Rachitha Rajashekar, learned counsel undertakes to file power for the appellant.

Since the directions issued by this Court dated 30.10.2018 has not been complied with, the interim order granted by this Court automatically stands vacated."

4. Therefore, in view of the aforesaid and in view of

non-appearance of the counsel for the appellant, the case is

dismissed for non-prosecution.

5. The Registrar concerned, shall communicate this

order to the concerned Court, which passed the decree,

within a period of one week.

Sd/-

(JAYANT BANERJI) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

KGR*