Disposed
Smt. Sharadamma v. Sanjeev Yane Sanjeev Pujar
Karnataka HCMFA/7505/2017
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from the order text
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COURT OF KARNATAKA AT BENGALURU DATED THIS…
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COURT OF KARNATAKA AT BENGALURU DATED THIS…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON’BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 7505 OF 2017
BETWEEN
W/o Late Hanumanthappa @ Hanumappa, aged about 47 years, Household
2. Ramesh
S/o Late Hanumanthappa @ Hanumappa, aged about 30 years, Engineering Student
3. Kishore
S/o Late Hanumanthappa @ Hanumappa, aged about 30 years, Coolie,
All are Residing of Doddabathi- village, Davanagere District: Taluk. 577002
……..Appellants
(By Sri. M.R.HIREMATHAD, Advocate)
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MFA.No.7505/2017
AND:
Driver of the NWKSRTC bearing No KA-28-F-1505 R/o Telasingh- Village Athani -Taluk: Belgum District.
This Miscellaneous First Appeal filed U/S 173(1) MV Act, against the Judgment and Award dated 08.10.2013 passed in M.V.C. No. 591/2011 on the file of the PRINCIPAL SENIOR CIVIL JUDGE AND MACT-IV, DAVANAGERE, partly allowing the claim petition for compensation and seeking enhancement of compensation.
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MFA.No.7505/2017
This Miscellaneous First Appeal is coming on for Orders this day, the Court made the following:
O R D E R
On 25.10.2019, this Court had passed an order stating that this Court by order dated 26.07.2018 had granted two weeks time to comply with the office objections failing which, it was ordered that the appeal shall stand dismissed. The case was called on 25.10.2019 and as per the office note, office objections are not complied with. The Court observed that it reflects the disinterest on the part of the appellants and the lack of diligence and the order dated 26.07.2018 was taken effect and the appeal was dismissed. After delay of 959 days, an application - I.A.No.2/2022 is filed to recall the order dated 25.10.2019.
An affidavit is filed by appellant No.1 and no reasons were stated except on the date of hearing, learned advocate could not be present due to the health reasons. Considering the fact that it is a case of death, this Court is inclined to allow this application and the order dated 25.10.2019 is recalled and the appeal is restored to file on the condition that the learned counsel for the appellant shall deposit an amount of Rs.1,000/- to the Karnataka
MFA.No.7505/2017 4
State Legal Services Authority within a period of one week and
objections shall be complied within one week from today.
Accordingly, I.A. No.2/2022 is allowed.
List this matter on 29.11.2023 and by that time, if the objections are not complied, the appeal shall stand dismissed without further reference to the Court.
Issue notice to the respondents.
NOTE: Vide Court Order dt.22.11.2023 the Office Objections are not complied with. Hence Appeal stands dismissed.
COPY
Sd/I/C ASSISTANT REGISTRAR
T By : MK R By : JS C By : BR
Smt. Sharadamma W/o Late Hanumanthappa
Ramesh S/o Late Hanumanthappa
Kishore S/o Late Hanumanthappa
Smt. Lakkamma W/o Obanna
Obanna @ Obappa S/o Duggaiah
Sanjeev yane Sanjeev Pujar Son of Somashekhara Pujar
LALITHA KANNEGANTI
As recorded by the court registry
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