Bikku Singh vs Khajamoinuddin And Ors
2022 Latest Caselaw 4142 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 10TH DAY OF MARCH, 2022

                         BEFORE


     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

               MFA No.200762/2019 (MV)

Between:

Bikku Singh S/o Jem Singh Rathod,
Age: 37 years, Occ: Guniting Conractor,
R/o Kadwad Thanda, now at H.No.113/E,
Ramnagar, Kalaburagi-585 103.
                                              ... Appellant
(By Sri. Basavaraj R.Math, Advocate)

And:
1.     Khajamoinuddin S/o Himmatsab,
       Age: 36 years, Occ: Driver,
       R/o Bajalga, Tq. Bhalki,
       Dist: Bidar-585 328.

2.     Sidrameshwar S/o Rachappa Patil,
       Owner of vehicle, Gurukrupa Nivas,
       5, Hanuman Nagar, Gunj Area, Bhalki,
       Dist: Bidar-585 328.

3.     The Oriental Insurance Co. Limited,
       Shop No.3, Kamashetty Complex,
       Near Bus Stand Bidar through their
       Branch Oriental Insurance Co. Limited,
       Mini Vidhana Soudha, Opp. Main Road,
       Kalaburagi-585 102.
                                           ... Respondents
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       This MFA is filed praying to quash the order at
Annexure-D order dated 24.10.2013 passed by the learned
III Addl. Senior Civil Judge and MACT, Kalaburagi in MVC
No.163/2012 and quash the order at Annexure-G order
dated 31.01.2017 passed by the learned III Addl. Senior
Civil Judge and MACT, Kalaburagi in Misc.No.120/2013 and
etc.,

      This appeal coming on for orders, this day, the Court
delivered the following:-


                      JUDGMENT

This appeal was converted from writ petition on

28.03.2019 and it was listed before the Court on

16.10.2019, at that time three weeks' time was

granted for compliance of office objections. On

19.11.2019 when the matter was listed, again one

week's time was granted to comply with the office

objections. Thereafter, the matter was listed on

30.01.2020 and two weeks' time was granted to

comply with the office objections. On 05.03.2020, ten

days' time was granted for compliance, with a

condition that if office objections are not complied, the

appeal stands dismissed automatically. Again on

04.11.2020, two weeks time was granted for

compliance. Thereafter, on 16.02.2021, two weeks

time was granted with a condition that if office

objections are not complied, the appeal would be

dismissed. Again on 01.04.2021, finally one week's

time was granted to comply failing which, the appeal

would be dismissed. On 12.11.2021, one week time

was granted to do the needful subject to payment of

cost of Rs.1,000/- payable by the appellants to the

Advocate's Library Fund. On 22.12.2021, one week

time was granted to comply with the office objections

and to pay the cost. It is forthcoming from the records

that in spite of granting several and sufficient

opportunities, the appellants have not complied the

office objections and have not paid the cost.

Today the matter is listed for compliance of

office objections for the tenth time. This appeal was

filed in the year 2019 and for more than 2 ½ years,

the appellants have failed to comply with the office

objections and not paid the cost. It seems that the

appellants are not interested in prosecuting the

appeal. Hence, the appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

VNR