Appeal filed under Section 173(1) of the Motor Vehicle Act dismissed because appellants failed to file an application for substituted service by the due date set by the court.
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IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 02ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL No. 200275 OF 2020 (MV D)
BETWEEN
OCC: HOUSEHOLD
R/O. VILLAGE CHIKLI-J TQ: AURAD-B, DIST: BIDAR-585326.
...APPELLANTS
(BY SRI. BASAVARAJ R MATH, SMT. VIJAYALAXMI ADVOCATES)
AND
MFA 200275/2020
2
NATIONAL INSURANCE COMPANY, BRANCH OFFICE, OPPOSITE NEHRU STADIUM BIDAR-585401.
…RESPONDENTS
(BY SRI. SHARANABASAPPA M. PATIL, ADVOCATE FOR R-2), (VK FILED)
MISCELLANEOUS FIRST APPEAL FILED U/S. 173(1) OF MOTOR VEHICLE ACT, BY THE ADVOCATE FOR APPELLANTS HUMBLY PRAYS THAT TO THIS HON’BLE COURT BE PLEASED TO CALL FOR RECORDS AND SET ASIDE THE THE IMPUGNED JUDGMENT AND AWARD DATED 09.05.2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND MACT, AURAD-B IN MVC NO. 17/2017 AND PLEASED TO ALLOW THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellants is permitted to take out notice on Respondent No.1 by way of substituted service and for filing the appropriate application by 12.01.2024, or else the appeal shall stand dismissed without further reference to the Court.
Sd/-
JUDGE
MFA 200275/2020
3
NOTE: As per vide order dated 02.01.2024 the Advocate for appellant has not filed the application for substitute service of notice in R/O R-1 by 12.01.2024.
Hence, this appeal stand dismissed without further reference to the Court.
Sd/ASSISTANT REGISTRAR
T By : RBM
R By : SH
C By : AK
1 provisions across 1 enactments
KAMLABAI W/O LATE BHAGAREDDY
ANJAREDDY S/O PENTAREDDY
ANITA W/O ANJAREDDY
ABDUL SAMAD S/O ABDUL NABI
NATIONAL INSURANCE CO LTD
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
