This court dismissed the first appeal as withdrawn, noting that the matter had been settled in the execution petition below. Consequently, the statutory deposit was refunded to appellants, and incidental applications were disposed of.
The appeal is dismissed as withdrawn; statutory deposit refunded to appellants; incidental applications disposed of.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.
MFA No. 6077 of 2021 NC: 2023:KHC:25180
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 6077 OF 2021 (MV-I)
BETWEEN:
Digitally signed by T S NAGARATHNA Location: High Court of Karnataka
(BY SRI. R. SATISHCHANDRA, ADVOCATE)
AND:
…APPELLANTS
SHIVAKUMAR @ SHIVU, S/O GUDDAPPA, AGED ABOUT 33 YEARS, RAILWAY CATERING WORK, RESIDENT OF A.K. COLONY, OPPOSITE M.K.T. HIGH SCHOOL, YANTRAPUR POST, HARIHARA - 577 601. …RESPONDENT
(RESPONDENT-SERVED, UN-REPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.25.02.2021 PASSED BY THE HON'BLE SENIOR CIVIL JUDGE, ADDITIONAL MACT, HARIHARA, IN MVC NO.250/2014 BY HOLDING THAT THE APPELLANTS ARE NOT LIABLE TO INDEMNIFY AND TO PAY NG COMPENSATION TO THE RESPONDENT AND DISMISS THE CLAIM PETITION FILED BY THE RESPONDENT AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo submitting that matter is settled in Execution Petition No.23/2021, before the Senior Civil Judge and MACT at Harihara.
maintainable. Therefore, the appeal is dismissed as withdrawn.
MFA No. 6077 of 2021 NC: 2023:KHC:25180
Accordingly, I.A.Nos.1/2022 and 2/2022 also stand
disposed of.
Sd/JUDGE
URN List No.: 1 Sl No.: 54 CT: ABS
DILYAPPA
K. REVANASIDAPPA
SHIVAKUMAR @ SHIVU
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
