- 1 - HC-KAR NC: 2025:KHC:42666-DB MFA No. 7256 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO. 7256 OF 2017 (FC) BETWEEN: R.ROOP RAM, S/O MANGILAL, AGED ABOUT 46 YEARS, RESIDENCE OF OLD NO.941, AND NEW NO.38/F19, DEVEERAMMANNI AGRAHARA, FORT MOHALLA, RAMANUJA ROAD, MYSORE-570 004. …APPELLANT (BY SRI.B.LETHIF, ADVOCATE) AND: S.GEETHA @ GULABI, W/O R.ROOP RAM, D/O LATE SAWARAM, RESIDENT OF 941, AND NEW NO.38/F19, DEVIRAMMANNI AGRAHARA, FORT MOHALLA, RAMANUJA ROAD, MYSORE-570 004. …RESPONDENT (BY SRI.M.JAYALAKSHMI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, 1984, AGAINST THE JUDGEMENT AND DECREE DATED 28.11.2016 PASSED IN M.C.NO.299 OF 2014 ON THE FILE Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42666-DB MFA No. 7256 of 2017 OF THE JUDGE, PRINCIPAL FAMILY COURT, MYSURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) AND (ib) OF THE HINDU MARRIAGE ACT,FOR DISSOLLUTION OF MARRIAGE. 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 K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This case, which is of the year 2017, was admitted by an order of the Court dated 05.06.2024. When the matter was listed on 20.12.2024, adjournment was granted by the Court on the request made on behalf of the learned counsel for the appellant. When the matter was listed on 29.07.2025, the Advocates for the parties were present, who submitted that the parties be directed to the mediation process and accordingly, an order was passed referring the matter to the Karnataka Mediation Centre at Bengaluru and the parties were directed to appear before the Karnataka Mediation Centre at Bengaluru, along with their counsel on 05.08.2025 at 11.00 a.m. Learned counsel for the - 3 - HC-KAR NC: 2025:KHC:42666-DB MFA No. 7256 of 2017 respondent states that the appellant did not appear at the Mediation Centre, but the respondent was resent. 2. When the matter was listed before this Court on 13.10.2025, no one appeared to press the matter and therefore, the matter was directed to be listed for dismissal. Accordingly, the matter is listed today. 3. Today, Mr. B. Lathif, the Advocate, has filed a memo of retirement stating that, no objection certificate vakalathnama was taken long back and that he may be permitted to retire from the case. The memo is taken on record. 4. As is evident from the aforesaid orders, even on 29.07.2025, the counsel for the appellant was present when the matter was referred for mediation. Therefore, today when the matter is listed for dismissal, this memo of retirement is being filed and another counsel is seeking an adjournment to file his vakalathnama, despite the fact that no objection certificate vakalath was granted to him a long time back. - 4 - HC-KAR NC: 2025:KHC:42666-DB MFA No. 7256 of 2017 5. Therefore, the memo for retirement is rejected and Sri.B. Lathif is asked to proceed with the submissions. However, Mr.B.Lathif, Advocate, and the other learned Advocate who has obtained NOC vakalath, express their inability to argue the matter. This appeal is therefore, dismissed for non-prosecution. 6. This order has been passed in the presence of the learned counsel for the respondent. 7. Let the trial Court record be sent back to the concerned Court. 8. Interim order if any, stands vacated. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE KGR List No.: 1 Sl No.: 6