Sri E Narayanaswamy vs Sri. G Gopala Reddy
2021 Latest Caselaw 4050 Kant

                          1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 12TH DAY OF NOVEMBER 2021

                        BEFORE

         THE HON'BLE MR. JUSTICE E.S.INDIRESH

              M.F.A. No.6797/2011(MV)

BETWEEN:

SRI. E. NARAYANASWAMY
SINCE DEAD BY HIS LRS

    1.     SMT. PARVATHAMMA
           W/O LATE E.NARAYANASWAMY
           AGED ABOUT 42 YEARS

     2.    MS. ARUNA
           D/O LATE E. NARAYANASWAMY
           AGED ABOUT 24 YEARS

     3.    MS. ANITHAMMA
           D/O LATE E. NARAYANASWAMY
           AGED ABOUT 22 YEARS

     4.    MS. ASHA
           D/O LATE E. NARAYANASWAMY
           AGED ABOUT 21 YEARS

     5.    MS. NANDINI
           D/O LATE E. NARAYANASWAMY
           AGED ABOUT 19 YEARS

     6.    MASTER SANTHOSHA
           S/O LATE E. NARAYANASWAMY
           AGED ABOUT 18 YEARS

           ALL ARE R/AT DEVAPALLI VILLAGE
           RONUR HOBLI, SRINIVASPUR TALUK
                               2


           KOLAR DISTRICT,
           PRESENTLY R/AT RAMAPPA COMPOUND
           YELAHANKA NEW TOWN
           BEHIND MOTHER DAIRY
           BANGALORE CITY-560 064
                                         ... APPELLANTS
(BY SRI. H. SURESH, ADVOCATE)

AND:

1.     SRI. G. GOPALA REDDY
       S/O KADIREDDY
       AGED ABOUT 39 YEARS
       R/O. HODALI VILLAGE, RONUR HOBLI
       DEVALAPALLI POST, SRINIVASAPUR TALUK
       KOLAR DISTRICT-563 135

2.     ICICI LOMBARD GENERAL INSURANCE CO.LTD
       RAJALAKSHMI ARCADE
       NO.228/15,9TH MAIN, 22ND CROSS
       JAYANAGAR III BLOCK, BANGALORE
       REPTD. BY ITS MANAGER

                                       ... RESPONDENTS

     THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:26.10.2010 PASSED IN
MVC NO.4320/2009 ON THE FILE OF THE VII ADDITIONAL
JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-3,
BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION    AND    SEEKING     ENHANCEMENT    OF
COMPENSATION AND ETC.

    THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT, DELIVERED THE FOLLOWING:

                       JUDGMENT

By order dated 19th March, 2012, this Court had

passed the following order:

"Time for compliance of office objections stand extended up to 31.03.2012. In case of default, the appeal shall stand dismissed for non- prosecution without further reference to Bench."

2. Again, when the matter was listed before this

Court on 08th June, 2015 on which date, the Court has

passed the following order:

"Finally, two weeks time is granted for taking steps in respect of respondent Nos.1 and

2. If steps are not taken within the time granted, appeal as against respondent No.1 and 2 shall stand dismissed without reference to the Court."

3. Thereafter, the case was posted before the

Court on 06th June, 29th June, 24th July, 2018 and 31st

July, 2019. The Order sheet reflects that on 31st July,

2019 though it was submitted by the learned counsel for

the appellant that application for taking steps is ready

and will be filed in the Registry, but the same was not

filed. Again when the matter was listed on 01st

September, 2021, there was no representation for

appellants and as a liability chance, the matter was

adjourned by a week.

4. Today, the matter is listed. Even today steps

are not taken. In that view of the matter and in view of

the order dated 19th March, 2012, appeal stands

dismissed.

Sd/-

JUDGE

NS