IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH, DHARWAD Dated this the 9th day of February 2011 Present THE HON'BLE MR. JUSTICE N.K.PATIL AND THE HON'BLE MR. JUSTICE A.N.VENUGOPALA GOWDA M. F. A. No.12338 OF 2006 BETWEEN MR.AGNEL REGO S/O LAWRENCE REGO, AGE : 45 YEARS, OCC : METER READER (K.E.B), C/O. H.B.RONAD,WALVEKAR PLOT, IST CROSS, KESHWAPUR, HUBLI. ...APPELLANT (By Sri./Smt : I.G.GACHCHINMATH & ASHOK PATIL, ADVS.) AND 1. MRS MERLIN M MASCARENHAS W/O. AGNEL REGO AGE : 37 YEARS, OCC : ASST. TEACHER, GOVT HIGH SCHOOL BENJANAPHADAW, TQ: BANTWAL DIST: SOUTH CANARA. ... RESPONDENT (By Sri./Smt : V.M.SHEELVANT & P P HEGDE, ADVS FOR R1) ******** 2 This Miscellaneous First Appeal filed U/s 55 of Divorce Act, against the Judgement and Decree dated: 19/10/2006 passed in MC No.46/2004 on the file of the II Addl.Civil Judge (Sr.Dn),Hubli. This appeal coming on for orders this day, the Court delivered the following; O R D E R After hearing the learned counsel on both sides, by an order dated 20/01/2011, the parties were directed to appear before the Mediation Centre. The parties have appeared before the Mediation Centre on 27/01/2011 and have entered into an agreement. The respondent was present before us on 03/02/2011, but the appellant had remained absent. At the request of learned counsel for appellant, the matter was adjourned today. The appellant is before the Court and submits that he is not interested in setting the matter out of court and would prefer that the matter be decided on its merit by the Court itself. In view of the untenable conduct of the appellant, in that, having agreed for the settlement before the mediation and now retracing his steps and making the respondent to come all along from Mangalore to the Mediation Centre as well as before the Court, we deem it appropriate to ignore the settlement arrived at the Mediation Centre and prefer to hear the matter on its merit. 3 Seal However, the appellant shall bear the cost of the respondent’s travel and other expenditure and he is directed to pay `.10,000/- to respondent within ten days from today either by sending a demand draft or deposit the sum in the Registry. In case of default, the appeal shall stand dismissed without any further orders. If the appellant makes the payment or deposits the sum within the time allowed, the appeal be listed for further orders. SD/- JUDGE. SD/- JUDGE. As per the endorsement dtd : 22/02/2011 made in the order sheet the Advocates for the appellant have not complied with the office objections, this MFA No. 12338/2006 stands dismissed as per the Court dtd : 09/02/2011. BY ORDER Sd/- ASSISTANT REGISTRAR. R- By:- C- By:-