This court dismissed a miscellaneous first appeal for non-prosecution. The appellant failed to comply with court notices and office objections and was absent on the hearing date.
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:34280 MFA No. 8393 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 8393 OF 2019 (MV)
BETWEEN:
MAHESHNAIKA G
SON OF MEGYANAIKA, AGED ABOUT 48 YEARS OCC DRIVER ,OWNER, RESIDENT OF MACHIHALLI THANDA HARAPANAHALLI TQ, DAVANAGER DIST NOW AT DOOR NO.847, SARASVATHI NAGARI, DAVANGERE.
…APPELLANT
(BY SMT. SARITHA KULKARNI.,ADVOCATE)
AND:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
VISHWANATH
S/O BASAVARAJAPPA AGED ABOUT 20 YEARS ALLUMINIUM GLASS FITTING WORK, PRESENTLY NIL, R/O CHANTNAHALLI VILLAGE, HARAPANAHALLI TQ DAVANAGERE DISTRICT - 577 001.
…RESPONDENT
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2019 PASSED ON MVC
NC: 2024:KHC:34280 MFA No. 8393 of 2019
NO.31/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE,MEMBER, MACT-IV, DAVANGERE, AWARDING COMPENSATION OF RS.50,168/- WITH INTEREST AT 8 PER CENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
On 28.05.2024, this Court has passed the
following order:
"No representation for appellant.
No representation for appellant even in the afternoon session.
Despite granting sufficient adjournments, deficit statutory deposit is not made and office objections are also not complied with.
In the light of the same, issue Court notice to appellant returnable by 08.07.2024."
As per the above order, Court Notice has been
served on the appellant. Even today, neither the appellant nor his counsel is present. It appears that the office objections have not been complied with and the appellant is not interested in prosecuting this appeal. Hence, the appeal is dismissed for nonprosecution.
SD/(H.T. NARENDRA PRASAD) JUDGE
NV
Mahesh Naika G
Vishwanath
H.T. Narendra Prasad
As recorded by the court registry
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