IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL No.1111 of 2015 (FC) BETWEEN :
SMT.R ANUSHREE WIFE OF SRI.H J PAVANKUMAR AND DAUGHTER OF SRI.RAJASHEKAR AGED ABOUT 29 YEARS OCCUPATION: HOUSE-WIFE RESIDING AT S SRIDHARA MURTHY BEHIND TELEPHONE EXCHANGE 2ND CROSS, LAKSHMIPURA ARASIKERE, HASSAN-573 103. ... APPELLANT (BY SRI.L S CHIKKANAGOUDAR, ADVOCATE) AND:
SRI.H J PAVANKUMAR SON OF SRI.H S JAYARAM AGED ABOUT 36 YEARS OCCUPATION: ACTOR AND DIRECTOR IN T V SERIALS RESIDING AT NO.351/C 4TH CROSS, RAJEEV GANDHI ROAD JARAGANAHALLI, KANAKAPURA ROAD BANGALORE-560 078. ...RESPONDENT (BY SRI.BHUSHANI KUMAR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, 1984, PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DT.7.10.2014 PASSED IN M.C.NO.2141/2011 BY LEARNED III ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND ETC., THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been posted on several dates. On 15.07.2019 appellant’s counsel submitted that the whereabouts of the appellant is unknown. He further submitted that her uncle and aunt also stated that they do not know as to where the appellant is. Appellant’s counsel sought time to get information about her and to inform the Court about the whereabouts of the appellant. Matter was thereafter listed on 29.07.2019 and 05.08.2019. The position remained the same.
2. Today, the learned counsel for the appellant submits that he is unaware about the whereabouts of the appellant. The appellant has not given any instructions to him and he has no instructions to proceed in the matter. Therefore, appellant’s counsel submits that having regard to his difficulty, he is unable to make any submission in the matter.
3. Learned counsel for the respondent submits that if the appellant is not prosecuting the appeal, it may be dismissed for non-proseuction.
4. In the circumstances, the appeal is dismissed for non-prosecution, in view of what is stated above.
5. In view of dismissal of the appeal for non- prosecution, I.A.1/16 and I.A.1/18 are dismissed for non- prosecution, and I.A.1/19 and I.A.2/19 are disposed.
6. The interim stay granted by this Court on 20.02.2015 stands vacated.
Sd/- JUDGE Sd/- JUDGE MGN/-