Appeal against a motor accident claims award pending nine years; appellant absent on repeated calls, appeal dismissed for non-prosecution.
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NC: 2024:KHC:15131 MFA No. 4468 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.4468 OF 2015(MV-D)
BETWEEN:
H.K.SHIVEGOWDA S/O LATE KENCHEGOWDA, PRESENTLY AGED ABOUT 46 YEARS, RESIDING AT 11, NEW NO.6, 6TH MAIN, SHIVANAGARA BENGALURU-560 010.
…APPELLANT
(BY SRI. NARENDRA GOWDA., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
AGED ABOUT 39 YEARS,
THE RESPONDENTS NO.1 AND 5 ARE THE RESIDENTS OF MALLAGHATTA BEGUR POST, KUNIGAL TALUK, TUMKUR DISTRICT-572 130.
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:01.04.2008 PASSED IN MVC NO.867/1996 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE(SR.DN), MEMBER, ADDITIONAL MACT, RAMANAGARA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing.
Sri.H.T.Vasanth Kumar., learned counsel for respondents 1 to 4 has appeared through video conferencing.
As could be seen from the appeal papers, the appeal is filed in the year 2015. Now we are in the month of April 2024. The appeal is pending from nine years.
As already noted above, though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Miscellaneous First Appeal is dismissed for non-
prosecution .
TKN List No.: 1 Sl No.: 11
Sd/JUDGE
1 provisions across 1 enactments
H.K. Shivegowda
Smt. Gangamma
Nagarathna
Kamala
Manjunatha
Smt. Deviramma
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
