- 1 - HC-KAR NC: 2025:KHC:43911-DB MFA No. 2937 of 2017 C/W MFA No. 2938 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 2937 OF 2017 (IDA) C/W MISCELLANEOUS FIRST APPEAL No. 2938 OF 2017 IN MFA No. 2937/2017 BETWEEN: 1. SMT. MARY ASHWINI, D/O SRI ANTHONY RAJ, W/O SRI A. BALARAJ, AGED ABOUT 33 YEARS, R/AT No.38, 3RD CROSS, CUBBONPET, OPP. ST. LOURDS SCHOOL, BENGALURU 560002. …APPELLANT (BY SRI P. DHANANJAYA, ADVOCATE FOR SRI HANUMANTHA RAYAPPA K., ADVOCATE) AND: 1. SRI.A.BALARAJ, S/O LATE ARULAPPA, AGED ABOUT 46 YEARS, R/AT NAGENAHALLI POST, H. D. KOTE TALUK, MYSORE DISTRICT 571114. …RESPONDENT (BY SRI H.N. VIDYADHAR, ADVOCATE) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43911-DB MFA No. 2937 of 2017 C/W MFA No. 2938 of 2017 THIS MFA FILED UNDER SECTION 55 INDIAN DIVORCE ACT, AGAINST THE JUDGEMENT AND DECREE DATED 27.02.2017 PASSED IN M.C.No.3131/2011 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 32 OF DIVORCE ACT. IN MFA No. 2938/2017 BETWEEN: 1. SMT. MARY ASHWINI, D/O SRI ANTHONY RAJ, W/O SRI A. BALARAJ, AGED ABOUT 33 YEARS, R/AT No.38, 3RD CROSS, CUBBONPET, OPP. ST. LOURDS SCHOOL, BENGALURU 560002. …APPELLANT (BY SRI P. DHANANJAYA, ADVOCATE FOR SRI HANUMANTHA RAYAPPA K., ADVOCATE) AND: 1. SRI.A.BALARAJ, S/O LATE ARULAPPA, AGED ABOUT 46 YEARS, R/AT NAGENAHALLI POST, H. D. KOTE TALUK, MYSORE DISTRICT 571114. …RESPONDENT (BY SRI H.N. VIDYADHAR, ADVOCATE) THIS MFA FILED UNDER SECTION 55 INDIAN DIVORCE ACT, AGAINST THE JUDGEMENT AND DECREE DATED 27.02.2017 PASSED IN M.C.No.991/2013 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 10(1)(IX) AND (X) OF DIVORCE ACT. THESE APPEALS COMING ON FOR 'DISMISSAL' THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43911-DB MFA No. 2937 of 2017 C/W MFA No. 2938 of 2017 CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Sri. P. Dhananjaya [Enrolment No.KAR/639/1986], learned counsel, who is appearing as proxy counsel for Sri. Hanumantha Rayappa K., the advocate for the appellant, requests an adjournment on the ground that the learned counsel for the appellant is ill and that the proxy counsel himself will address the Court on the next day. 2. This appeal is of the year 2017 and as is evident from the order sheet, continuously adjournment is being sought and the matter is not being argued. Therefore, on the previous occasion, when no one appeared to press the appeals, the matter was directed to be listed today for dismissal. 3. As such, the request for adjournment is declined. - 4 - HC-KAR NC: 2025:KHC:43911-DB MFA No. 2937 of 2017 C/W MFA No. 2938 of 2017 4. When requested to argue, the learned proxy counsel Sri. P. Dhananjaya, has expressed his inability to do so. The aforesaid appeals, accordingly, are dismissed for non-prosecution. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 2