Miscellaneous First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 was dismissed for nonprosecution as the appellant failed to appear personally or through counsel despite notice.
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NC: 2024:KHC:11341 MFA No. 653 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO. 653 OF 2016 (MV-D)
BETWEEN:
SMT. REKHA W/O. NANDAKUMAR, AGE: 33 YEARS, OCC: HOUSEWIFE, R/O. PRITCHARD ROAD, ROBERTSONPET, K.G.F.-563 101.
…APPELLANT
(APPELLANT-ABSENT)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:11341 MFA No. 653 of 2016
MINI IBRAHIM ROAD, KGF-563 101.
…RESPONDENTS
(BY SRI. B.A.RAMAKRISHNA., ADVOCATE FOR R2; R3-SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:26.10.2015 PASSED IN MVC NO.99/2013 ON THE FILE OF THE III ADDITIONAL DISTRICT & SESSIONS JUDGE, KOLAR, (SITTING AT KGF).
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The name of the appellant is called out thrice in the open Court. There is no representation on behalf of the appellant either personally or through video conferencing. The appellant is absent.
Sri.B.A.Ramakrishna., learned counsel for respondent No.2 has appeared in person.
As could be seen from the daily order sheet, the appeal was listed on 15.03.2024, on that day, counsel Sri.Veeranna G.Tigadi., was permitted to retire from the case and the appeal
was ordered to be listed on 20.03.2024 by printing the name of appellant in the cause list.
The appeal is listed today by printing the name of appellant in the case list. The appellant has not made any efforts to engage the services of other advocate or conducted the case as party in person.
As already noted above, the name of the appellant is called out thrice in the open Court. There is no representation on behalf of the appellant either personally or through video conferencing. The appellant is absent. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Miscellaneous First Appeal is dismissed for nonprosecution.
Sd/JUDGE
TKN List No.: 1 Sl No.: 2
Smt. Rekha W/o. Nandakumar
Sri. M.S. Venkatesh S/o Sownappa
United India Insurance Co. Ltd.
Sri. Firoz Pasha S/o. Abdul Gaffar
Jyoti Mulimani
As recorded by the court registry
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