- 1 - HC-KAR NC: 2025:KHC:30077-DB MFA No. 8914 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 8914 OF 2017 (FC) BETWEEN: SRI. CHARAN PUTHRAN, S/O LATE. NARAYAN KANCHAN, AGED ABOUT 42 YEARS, OCCUPATION: FISHERMAN, R/O NEAR BABBARYA TEMPLE, SANDSPIT, THOTA BENGRE, MANGALURU-575 001. …APPELLANT (BY SMT. RACHITHA RAJSHEKAR, ADVOCATE (ABSENT)) AND: SMT. NIVEDITHA, D/O LATE.NARAYAN KARKERA, AGED ABOUT 40 YEARS, OCCUPATION: TAILORING WORK, R/O NO.21-4-PL89/3, HOIGE BAZAR, MANGALURU-575 001. …RESPONDENT (BY SRI. CYRIL PRASAD PAIS., ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1984, AGAINST THE JUDGMENT AND DECREE DATED 11.10.2017, PASSED IN M.C.NO.314/2015, ON THE Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30077-DB MFA No. 8914 of 2017 FILE OF THE PRL. JUDGE, FAMILY COURT, D.K. MANGALURU, ALLOWING THE PETITION UNDER SECTIONS-9 AND 24 OF HINDU MARRIAGE ACT, 1955. 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 UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) We have perused the record of this appeal. 2. No one has appeared for the appellant, when the matter was called-up, even on the revision of the list. 3. It appears from the record that on 30.10.2018, an interim stay of the impugned Decree dated 11.10.2017 was granted to the appellant subject to depositing 50% of the amount payable under the decree with the Trial Court within three weeks from that date, failing which the interim order of stay was to stand vacated without any further order in this behalf. Thereafter, when the matter was listed on 19.07.2022, the following order was passed:- - 3 - HC-KAR NC: 2025:KHC:30077-DB MFA No. 8914 of 2017 "Ms. Rachitha Rajashekar, learned counsel undertakes to file power for the appellant. Since the directions issued by this Court dated 30.10.2018 has not been complied with, the interim order granted by this Court automatically stands vacated." 4. Therefore, in view of the aforesaid and in view of non-appearance of the counsel for the appellant, the case is dismissed for non-prosecution. 5. The Registrar concerned, shall communicate this order to the concerned Court, which passed the decree, within a period of one week. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE KGR* List No.: 1 Sl No.: 6