IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 7TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT MISCELLANEOUS FIRST APPEAL NO.8436 OF 2018 (FC) BETWEEN:
MR. H.T.SRINIVASA SON OF MR. R.THIMMAIAH AGED ABOUT 43 YEARS “SRINVIASA”, TILE FACTORY ROAD KOTHITHOPU, OPPOSITE TO GOVERNMENT SCHOOL TUMAKURU CITY – 572 101.
... APPELLANT (BY SRI:K.SHASHIKANTH PRASAD, ADVOCATE) AND:
DR. K.RADHAMANI DAUGHTER OF MR.KARILINGAIAH AGED ABOUT 39 YEARS MYLARALINGESHWARA NILAYA 6TH CROSS, RAMAJOIS NAGARA OPPOSITE TO S.S.I.T. KUNIGAL ROAD TUMAKURU – 572 101.
... RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT PRAYING TO SET ASIDE THE ORDER DATED 13.09.2017 PASSED IN M.C.NO.228 OF 2016 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU AND REMAND THE MATTER TO PRINCIPAL JUDGE FAMILY COURT, TUMAKURU FRESH CONSIDERATION.
***** THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed being aggrieved by the order dated 13.09.2017 passed in M.C.No.228 of 2016 on the file of the Principal Judge, Family Court, Tumakuru.
2. In terms whereof, the petition was dismissed for non prosecution due to absence of the appellant- petitioner. No grounds have been urged as to justify his absence.
3. We have considered the entire order sheet before the trial Court. The appellant has been consistently absent, except appearing for a couple of days. When the appellant is not interested to prosecute the matter, there is no reason as to why such a matter is to be kept pending. Even otherwise, no submissions are forthcoming with regard to the impugned order.
Hence, for all these reasons, the appeal is dismissed.
Sd/- Sd/-
JUDGE JUDGE *bgn/-