Karnataka High Court
Neelaganga @ Neelamma @ ... vs Ravi Pattar And Anr on 31 March, 2022
Bench: Ashok S. Kinagi
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
MFA No.200029/2021 (MV)
Between:
1. Smt. Neelaganga @ Neelamma @
Neelagangamma W/o Late Mareppa,
Age: 33 years, Occ: Household,
2. Sunil S/o Late Mareppa,
Age: 18 years, Occ: Student,
3. Anil S/o Late Mareppa,
Age: 16 years, Occ: Student,
The appellants No.3 is
minor under guardian of their
natural mother i.e., appellant No.1.
All are R/o Ghattarga, Tq: Afzalpur,
Dist: Kalaburagi-585201.
... Appellants
(By Sri. Santosh R. Belamgi, Advocate)
And:
1. Ravi Pattar S/o Sangappa,
Age: Major, Occ: Owner of Tractor
Bearing Reg.No.KA-28/Trial Court-3486,
And Trailer Reg.No.KA-28/T-7353,
R/o Moratagi, Tq: Sindagi,
Dist: Vijayapur.
2
2. TATA AIG General Insurance Co. Ltd.,
Mumbai by its Office No.301,
9th Main Road, 3rd Cross, 1st Block,
HRBR Layout, Banasawadi, Bangaluru.
... Respondents
This Miscellaneous First Appeal is filed under Section
173(1) of the M.V. Act praying to allow the appeal, the
judgment and award dated 20.03.2019 passed in MVC
No.815/2018 by the in the Court of the Senior Civil Judge
and JMFC and MACT at Afzalpur, may kindly be modified
by enhancing the compensation as claimed in the claim
petition.
This appeal coming on for Orders, this day, the Court
delivered the following:-
JUDGMENT
This appeal was filed on 16.01.2021. The matter was
posted before the Court on 02.03.2021, four weeks time
was granted to comply with the office objections. Matter
listed on 09.11.2021, one week time was granted to
comply with the office objections. Matter listed on
29.11.2021, one week time was granted to comply with
the office objections, subject to cost of Rs.200/- payable
by the appellants to the Advocate's Library Fund, High
Court of Karnataka, Kalaburagi Bench. Again matter was
listed on 25.01.2022, two weeks time was granted to
comply with the office objections. if the office objections
are not complied within the prescribed time, the matter
shall be listed for dismissal on 08.02.2022. The matter
listed on 08.02.2022. Two weeks time was granted to
comply with the office objections. Again the matter listed
on 24.03.2022. However, in the interest of justice to
provide one more opportunity to comply with the office
objections, subject to payment of cost of Rs.2,000/-
payable by the appellant to the High Court Advocates
Library Fund. Failing which, appeal shall be listed for
dismissal on 31.03.2022.
2. Though this Court has adjourned the
matter on 31.03.2021, subject to cost of Rs.2,000/-,
the learned counsel for the appellants did not
complied the office objections and also not deposited
the cost as ordered on 29.11.2021. It was made clear
on 24.03.2022, if the office objections are not
complied within one week, failing which the matter
shall be listed for dismissal. Even today learned
counsel for the appellants seeks time. The appellant
have not deposited the cost as ordered on 29.11.2021
as well as on 24.03.2022.
3. This appeal is of the year 2021 and inspite
of granting sufficient opportunities, learned counsel
for the appellants did not complied the office
objections. If further time is extended, no purpose
would be served.
In view of the peremptory order, the appeal is
dismissed for non-compliance of office objections.
SD/-
JUDGE
msr
