Sri. Boregowda vs Sri. Mohamed Aali Jaan K H
2021 Latest Caselaw 6310 Kant

                           1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF DECEMBER, 2021

                       PRESENT

       THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                         AND

        THE HON'BLE MR.JUSTICE P.KRISHNA BHAT

 MISCELLANEOUS FIRST APPEAL NO.4569 OF 2019 (MV-I)
                       C/W
 MISCELLANEOUS FIRST APPEAL NO.4570 OF 2019 (MV-I)

BETWEEN:

SRI BOREGOWDA
S/O LATE MUDDEGOWDA
AGED ABOUT 36 YEARS
R/AT KAPANIPALYA
KOTHAGERE HOBLI
KUNIGAL TALUK
TUMKUR DISTRICT-572 130.
                                    ... APPELLANT IN
                                M.F.A. NO.4569/2019
(BY SHRI RAVIKUMAR G.H., ADVOCATE- ABSENT)

SMT.JAYAMMA
W/O LATE MUDDEGOWDA
AGED ABOUT 57 YEARS
R/AT KAPANIPALYA
KOTHAGERE HOBLI
KUNIGAL TALUK
TUMKUR DISTRICT-572 130..
                                    ... APPELLANT IN
                                M.F.A. NO.4570/2019
(BY SHRI RAVIKUMAR G.H., ADVOCATE- ABSENT)

AND:
                             2

1.   SRI MOHAMED AALI JAAN K.H.
     S/O K.H.MOHAMED GAPHAR
     INDADIYA MOHALLA
     KUNIGAL TOWN-572 130.


2.   BHARATHI AXA GENERAL INSURANCE
     COMPANY LIMITED
     1ST FLOOR, FERNS ICON
     SURVEY NO.28, DODDANAKUNDI
     BANGALORE-560 002.
                                        ...RESPONDENTS
                                COMMON IN BOTH APPEALS


       THESE MISCELLANEOUS FIRST APPEALS ARE FILED

U/S 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET

ASIDE THE JUDGMENT AND AWARD DATED 30.8.2018

PASSED     IN    MVC.NOS.4519/2017        AND   4520/2017

RESPECTIVELY ON THE FILE OF SMALL CAUSES AND

MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, AND

CONSEQUENTLY ALLOW THE CLAIM PETITION.


       THESE APPEALS COMING ON FOR ORDERS THIS

DAY,    P.S.    DINESH    KUMAR     J.,   DELIVERED   THE

FOLLOWING:-


                         JUDGMENT

None appears for the appellant in both the appeals

even when the matter is called for the second time. We

find no grounds to grant further adjournment.

2. The appeals are dismissed for non-prosecution.

3. In view of dismissal of the appeals, I.A. No.1/2019

filed in both the appeals seeking condonation of delay in

filing the appeal also stand dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

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