This Miscellaneous First Appeal was dismissed as not pressed by the appellant, who filed a memo seeking withdrawal. Pending incidental applications were also not considered.
Refund of statutory deposit to be made in accordance with law.
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:1635-DB MFA No. 3822 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2024 PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 3822 OF 2023 (MV-D)
BETWEEN:
SHRI. VISHWANATH S/O SHRI. NINGE GOWDA, AGED ABOUT 42 YEARS, R/AT HALSINAHALLI VILLAGE, YOGIHALLI, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201
…APPELLANT
(BY SRI. SHIVAKUMAR N.,ADVOCATE)
AND:
Digitally signed by VEENA KUMARI B Location: High Court of Karnataka
MINOR, 11 YEARS REPRESENTED BY HER MOTHER
SMT. H. KUMARI, RESPONDENT NOS.1 TO 4 ARE R/AT BANGARAKKANAHALLI VILLAGE, CHITRADURGA TALUK AND DISTRICT-577517.
HASSAN TALUK AND DISTRICT-573201.
…RESPONDENTS
(BY SRI. GEETHA RAJ, ADVOCATE FOR R7; SRI. F.S. DABALI, ADVOCATE FOR R8; R1, R2, R3, R5, R6 ARE SERVED AND UNREPRESENTED; R4 IS MINOR REPRESENTED BY R1)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.10.2014 PASSED IN MVC NO.600/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, AWARDING COMPENSATION OF RS.24,28,312/- WITH INTEREST AT 7.5% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, RAMACHANDRA D. HUDDAR, J., MADE THE FOLLOWING:
ORDER
Learned counsel for appellant and respondents are physically present.
NC: 2024:KHC:1635-DB MFA No. 3822 of 2023
Since the main appeal itself is dismissed as not pressed, pending I.A.Nos. 1/2023 to 3/2023 do not survive for consideration.
Office to refund the statutory deposit in accordance with law.
Sd/JUDGE
Sd/JUDGE
BVK
List No.: 1 Sl No.: 34
Shri. Vishwanath S/o Shri. Ninge Gowda
Smt. H. Kumari
Shri. Dodda Sanjivappa S/o Late Mr. Hanumappa
Smt. Marakka W/o Dodda Sanjivappa
Deepthi
Shri. B.C. Sridhara S/o Shri Chikke Gowda
H.B. Prabhabkara Swamy
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
