The Karnataka High Court dismissed Miscellaneous First Appeal No. 3304 of 2019 for non-prosecution, as the appellant failed to comply with listed dates and orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3304 OF 2019
BETWEEN:
MOHAMMED YUNUS, S/O SULEMAN, AGED ABOUT 22 YEARS, R/A NO.228 EWS, DR RAJKUMAR ROAD, KALYANAGIRI NAGARA, MYSORE.
…APPELLANT
(BY SRI.SUDHAKAR M.,ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
NC: 2023:KHC:46290 MFA No. 3304 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2018 PASSED IN M.V.C NO.2699/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When this matter came up before this Court on 05.12.2023, as there was no representation, directed this matter to be listed on 06.12.2023. The learned counsel for the appellant sought time in 07.12.2023 for taking steps. This Court has passed a default order, by that time the steps are not taken, the appeal stand dismissed. On 08.12.2023 there was no representation. Hence, the matter was again directed to be posted for dismissal today. Today also there is no representation under the conditional order is also not complied with. Accordingly, appeal is dismissed for non-prosecution.
SD/JUDGE
RMS List No.: 1 Sl No.: 71
1 issue framed by the court
Whether a miscellaneous first appeal filed under Section 173(1) of the Motor Vehicles Act should be maintained despite non-prosecution.
1 provisions across 1 enactments
MOHAMMED YUNUS
SRI.NAGESH
THE MANAGER, UNITED INDIA INSURANCE CO. LTD.
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
