High Court at Bengaluru dismissed an appeal under Section 173(1) Motor Vehicles Act after the appellant filed a memo seeking withdrawal due to inability to trace the respondent-vehicle owner.
Appeal dismissed as withdrawn; pending application disposed of.
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 3RD DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO.4631 OF 2013 (MV)
BETWEEN:
SRI JAVEED PASHA S/O.SYED AHMED SHARIF AGED ABOUT 38 YEARS OCC: NIL R/AT NO.61/2, 1ST MAIN ROAD M.CROSS, NEW GURAPPANA PALYA BENGALURU – 560 029 ... APPELLANT
(BY SRI SURESH M.LATUR, ADVOCATE)
AND:
(R-1 IS SERVED; NOTICE TO R-2 IS DISPENSED WITH V.O.D 28.05.2021)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD
DATED 11.02.2013 PASSED BY XIV ADDITIONAL JUDGE, MACT, BENGALURU IN MVC NO.7493/2011 AND ETC.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant submits that he wants
to withdraw the appeal, as the respondent-owner of the offending vehicle is unable to be traced to enjoy the fruits of the decree. He files a memo dated 12.12.2022 to the
said effect.
The said memo 12.12.2022 reads as under:
“In the above case, liability fixed upon owner Respondent No.1 who is not found so far, and where about are not known. Hence, the above case may kindly be closed as not pressed.
Hence, this Memo.”
Placing the submission of learned counsel for appellant and the memo on record, the appeal is dismissed as withdrawn.
Pending application does not survive and the same is accordingly disposed of.
Sd/JUDGE
LB
1 provisions across 1 enactments
Sri Javeed Pasha S/O.Syed Ahmed Sharif
Sri Venkateswaran V. S/O.V.V.Vaidyanathan
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
