Disposed
Suresh G K v. M S Eshwarappa
Karnataka HCMFA/1168/2021
Case brief
from the order text
What is this about?
2024:KHC:3171 MFA No. 1168 of 2021 IN THE…
What the court decided
AI extract
2024:KHC:3171 MFA No. 1168 of 2021 IN THE…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1168 OF 2021 (MV-I)
BETWEEN:
SURESH G.K., S/O KARIYAPPA, AGED ABOUT 45 YEARS, R/AT NO.60, GHATAKINAKERE VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK – 572 201.
…APPELLANT
(BY SRI. MANJUNATH N D., ADVOCATE)
AND:
Digitally signed by YAMUNA K L Location: High Court of Karnataka
M.S.ESHWARAPPA, S/O LATE SOMALA NAYAKA, AGED ABOUT 51 YEARS, R/O MUDDENAHALLI THANDYA, HONNAVALLI HOBLI, TIPTUR TALUK – 572 201.
…RESPONDENT
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.10.2019 PASSED IN MVC NO. 864/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
NC: 2024:KHC:3171 MFA No. 1168 of 2021
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The postal shara of notice sent to sole respondent-
Owner is returned on 21.03.2022 with an endorsement as
'died'.
Till date no steps are not taken to bring the legal representatives of deceased sole respondent on record. In view of the same, the appeal stands abated.
Sd/JUDGE
RKA
List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the appeal abates due to the death of the sole respondent and failure to bring legal representatives on record?
1 provisions across 1 enactments
Suresh G.K.
M.S. Eshwarappa
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court