A motor vehicles first appeal under Section 173(1) MVA. The sole respondent died on 15.03.2018 and legal representatives were not brought on record within time, so the appeal stood abated.
Appeal declared abated consequent to death of sole respondent; memo with death certificate placed on record.
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.
NC: 2024:KHC:9020 MFA No. 3688 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.3688 OF 2016(MV-I)
BETWEEN:
SHAIK YOUSUFF S/O SHAIK AHMED SAB, AGED ABOUT 61 YEARS, R/AT NO.90, MARUTHINAGAR, YELAHANKA, BANGALORE-64.
…APPELLANT (BY SRI. SHARANAPPA.M.BANAKANERI., ADVOCATE FOR SRI. RAVI PRAKAS.V., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
NANJAPPA S/O PAPANNA AGED ABOUT 64 YEARS R/AT RASTHEPALYA VILLAGE, THIPPASANDRA HOBLI
MAGADI TALUK RAMANAGARA DISTRICT-562159 NOW AT KRS AGRAHARA ANDANYYA EXTENSION KUNIGAL TOWN, TUMKUR DISTRICT-572130
…RESPONDENT
(BY SRI. KAUSTHUB., ADVOCATE FOR SRI. V.S.NARAYANA., ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
NC: 2024:KHC:9020 MFA No. 3688 of 2016
AGAINST THE JUDGMENT AND AWARD DATED: 22.02.2016 PASSED IN MVC NO.695/12 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT-15, KUNIGAL.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Sharanappa.M., learned counsel on behalf of Sri.Ravi Prakash.V., for the appellant and Sri.Kausthub., learned counsel for the respondent have appeared in person.
Counsel Sri.Kausthub., submits that a memo has been furnishing the copy of the death certificate stating that the sole respondent - Nanjappa has died on 15.03.2018. Counsel therefore, submits that the memo along with death certificate may be placed on record and appropriate order may be passed.
Submission is noted. Memo along with death certificate is placed on record.
A perusal of the death certificate depicts that the sole respondent - Nanjappa has died n 15.03.2018. The applications to bring the legal representatives of the deceased sole
NC: 2024:KHC:9020 MFA No. 3688 of 2016
respondent on record are not filed well within the time. Hence, the Miscellaneous First Appeal stands abated .
Sd/JUDGE
MRP List No.: 1 Sl No.: 5
1 provisions across 1 enactments
Shaik Yousuff S/o Shaik Ahmed Sab
Nanjappa S/o Papanna
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
