IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR M.F.A.NO.9300 of 2017 (CPC) BETWEEN:
Sri M. Shivashankar @ Hero Honda Shiva S/o. Mani Achar Aged about 57 years Goldsmith R/at: 2nd Cross, Robersonpet K.G.F – 563 122.
Also at R/at: Near Sathya Sai Yoga Hall In front of Naidu Building 3rd Cross, Geetha Road Robersonpet, K.G.F-563 122.
(By Sri. S. Balakrishna, Advocate-absent) AND:
Smt. Jyothi W/o. Shivashankar Aged about 48 years R/at:No.60, Kambli bazzar Settheiar lane, Bellary …Appellant Pin – 583 102. ... Respondent This MFA is filed under section 28(1) of the Hindu Marriage Act, 1955 praying to call for the records in M.C. No.25/2006 on the file of Hon’ble Senior Civil Judge at KGF and set aside the order passed in Mis.No.7/2015 dated:10.08.2017 by allowing the petition and directing the office to put-up M.C. No.25/2006 for disposal afresh, on the file of Hon’ble Senior Civil Judge at KGF and etc.,.
This appeal coming on for Orders this day, the Court made the following:
ORDER Appellant’s counsel is absent.
2. The office has raised an objection with regard to maintainability of the appeal. The impugned order shows that the trial Court allowed the petition filed under Order IX Rule 13 of CPC.
3. Order 43 Rule 1(d) of CPC states that an appeal is maintainable whenever petition filed under Order IX Rule 13 of CPC is rejected. Since the petition is allowed, this appeal is not maintainable. Office objection is tenable.
Appeal is dismissed.
bkp Sd/- JUDGE