IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD MFA NO.9739/2013 (FC) BETWEEN:
SRI SYED SADIQ AGED ABOUT 47 YEARS S/O SYED YASEEN PEER RESIDING AT NO. 2086 4TH MAIN ROAD PIPELINE, AYAPPA SCHOOL ROAD PRASANTH NAGAR, BANGALORE-560057 ... APPELLANT [BY SRI.MUSHTAQ AHMED, ADV. (ABSENT)] AND SMT.NAYEEMUNNISA AGED ABOUT 37 YEARS RESIDING AT NO 62 PIPELINE, PRASHANTHNAGAR BANGALORE-560057 ... RESPONDENT THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED:04.07.2013 PASSED IN M.C.NO.2408/2009 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ALLOWING THE PETITION FILED U/S 2(viii)(a) OF THE DISSOLUTION OF MUSLIM MARRIAGES ACT, FOR DIVORCE.
THIS MFA COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT There is no representation on behalf of the appellant.
2. The appeal was filed on 19.11.2013. Notice was ordered on respondent on 19.8.2014. Subsequently, time has been granted to take steps to serve the respondent. On 4.10.2018, two weeks time was granted to serve respondent, failing which, the appeal shall be dismissed as against the un-served respondent without reference to the Bench.
3. For all these years, steps have not been taken to serve the sole respondent despite grant of time on several opportunities. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution.
Sd/- JUDGE Sd/- JUDGE DM/-