Smt.Nagaratna @ Ratnamma And Ors vs Sri.Sharanagouda And Anr
2021 Latest Caselaw 3396 Kant

         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

     DATED THIS THE 24TH DAY OF SEPTEMBER 2021

                        PRESENT

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                          AND

         THE HON'BLE MS. JUSTICE J.M.KHAZI


 MISCELLANEOUS FIRST APPEAL No.201088/2019 (MV)

BETWEEN:

1.    SMT. NAGARATNA @ RATNAMMA
      W/O MALLIKARJUN
      BETTAPPANAVAR @ BILHAR
      AGED ABOUT 33 YEARS
      OCC: HOUSEHOLD WORK

2.    KIRANKUMAR
      S/O MALLIKARJUN BETTAPPANAVAR
      AGED ABOUT 16 YEARS
      OCC: STUDENT

3.    AKASH S/O MALLIKARJUN BETTAPPANAVAR
      AGED ABUT 14 YEARS, OCC: STUDENT
      APPELLANT-2 & 3 BEING MINORS ARE
      REPRESENTED BY THEIR NATURAL MOTHER
      AND M/G APPELLANT-1

4.    SRI BASAVARAJAPPA S/O MALAKAPPA
      BETTAPPANAVAR @ BILHAR
      AGED ABOUT 63 YEARS, OCC: NIL

5.    SMT. SUSHILAMMA W/O BASAVARAJAPPA
      BATTAPPANAVAR @ BILHAR
      AGED ABOUT 58 YEARS
                                                 MFA No.201088/2019
                                2


       OCC: HOUSEHOLD WORK
       R/O BILHAR, TQ. SHAHAPUR
       DIST. YADGIR, NOW RESIDING AT
       NEAR MAHADEV TEMPLE
       SHAHAPETH, VIJAYAPUR
                                                      ... APPELLANTS
(BY SRI S.S.MAMADAPUR & I.S.GHALI, ADVOCATES)

AND:

1.     SRI SHARANAGOUDA
       S/O BASAVARAJAPPA YELHERI
       AGED ABOUT 48 YEARS, OCC: BUSINESS

2.     SRI NARASAPPA S/O BHIMASHAPPA
       AGED ABOUT 43 YEARS, OCC: BUSINESS
       BOTH R/O YELHERI, TQ. & DIST. YADGIRI
                                                   ... RESPONDENTS
(V/O DATED 15.09.2021, THE APPEAL
AS AGAINST R1 STOOD DISMISSED;
V/O DATED 02.01.2020, NOTICE TO R2 DISPENSED WITH)


       THIS   MISCELLANEOUS    FIRST   APPEAL    IS   FILED    UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT PRAYING TO SET
ASIDE THE JUDGMENT DATED 24.01.2019 PASSED BY THE LEARNED
MACT-XIII, VIJAYPUR, IN MVC NO.553/2015.


       THIS   MISCELLANEOUS    FIRST   APPEAL    COMING       ON   FOR
ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCE, THIS
DAY DR.H.B.PRABHAKARA SASTRY J., MADE THE FOLLOWING:


                              ORDER

The learned counsel for the appellants is physically

present in the Court, but has not evinced any interest in getting

the order dated 15.09.2021 recalled.

MFA No.201088/2019

A perusal of the order sheet would go to show that vide

order dated 02.01.2020, notice to respondent No.2 was

dispensed with. Thereafter, vide order dated 15.09.2021, the

appeal against respondent No.1 has also stood dismissed by

virtue of peremptory order.

Respondent No.2 was shown to be possessor of the

vehicle, whereas actual owner of the vehicle is said to be

respondent No.1. Barring these two, there are no other

respondents in this appeal. In view of the fact that notice to

respondent No.2 is dispensed with and the appeal against

respondent No.1 is dismissed by virtue of peremptory order, the

present appeal does not survive for consideration.

Accordingly, the appeal stands disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

NB*