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2025 DAILYLAW 7014 (KAR)

SMT.HEMALATA v. SRI. MOHAN

MFA/102748/2015 · 2025-02-24

B M Shyam Prasad, Ramachandra D Huddar

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:1249-DB RPFC No. 100147 of 2015 C/W MFA No. 102748 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR REV.PET FAMILY COURT NO. 100147 OF 2015 C/W MISCELLANEOUS FIRST APPEAL NO. 102748 OF 2015 IN REV.PET FAMILY COURT NO.100147 OF 2015 BETWEEN: SMT. HEMALATA W/O MOHAN PATIL AGE: 33 YEARS, OCC: HOUSEWIFE, R/O.101, 5TH MAIN, NEAR CHENNAMMA KERE ACHCHUKATTU IIIRD STAGE, BANASHANKARI LAYOUT, BENGALURU. …PETITIONER (BY SRI.D. M. MANJUNATH, ADVOCATE) AND: SRI. MOHAN S/O SHRISHAIL PATIL, AGE: 40 YEARS, OCC: SOFTWARE ENGINEER, R/O NEAR GADDANAKERE CROSS, BAGALKOT, NOW AT CAPGEMINI INDIA PVT. LTD. OPP ITPL, CRESCENT-2 PRESTIGE, SHANTINIKETAN, SADARAMANGALA VILLAGE, WHITE FIELD MAIN ROAD, BENGALURU SOUTH TALUKA, BENGALURU-560 048. …RESPONDENT (BY SRI. SHRIKANT T. PATIL, ADVOCATE) Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1249-DB RPFC No. 100147 of 2015 C/W MFA No. 102748 of 2015 THIS RPFC FILED UNDER SECTION 151 OF CPC., PRAYING TO STAY THE OPERATION AND EXECUTION OF ORDER IN CRIL. MISC. NO.31/2014 DTD:12.08.2015 PASSED BY THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. IN MISCELLANEOUS FIRST APPEAL NO.102748 OF 2015 BETWEEN: SMT. HEMALATA W/O MOHAN PATIL AGE: 33 YEARS, OCC: HOUSEWIFE R/O.101, 5TH MAIN, CHENNAMMA KERE ACHCHUKATTU BANASHANKARI,IIIRD STAGE, BENGALURU. …APPELLANT (BY SRI. D.M. MANJUNATH, ADVOCATE) AND: SRI. MOHAN S/O SHRISHAIL PATIL AGE: 40 YEARS, OCC: SOFTWARE ENGINEER, R/O.NO.101 5TH MAIN NEAR CHANNAMMA KERE, III STAGE, BANSHANKARI LAYOUT, BENGALURU-85. …RESPONDENT (BY SRI. SHRIKANT T. PATIL ADVOCATE) THIS MFA IS FILED U/S 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 12.08.2015 PASSED IN M.C.NO.19/2013 ON THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT, DHARWAD, ALLOWING THE PETITION FILED U/S.13(1)(IA) AND (IB) OF HINDU MARRIAGE ACT, 1955. THE PETITION AND THE APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:1249-DB RPFC No. 100147 of 2015 C/W MFA No. 102748 of 2015 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) None appears for the petitioner/ appellant. Sri. Shrikant T. Patil, the learned counsel on record for the respondent, points out that there is a repeated absence, despite opportunity. The records are perused in the light of the afore. This Court has recorded the absence on behalf of the petitioner/ appellant on 29.09.2024, 07.11.2024 and 16.01.2025. This Court can only opine that the concerned is not interested in prosecuting the proceedings, and hence, the petition and the appeal stands dismissed. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ LIST NO.: 1 SL NO.: 10