K.P Nataraj vs S. Nagaraj
2022 Latest Caselaw 12588 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 21ST DAY OF OCTOBER, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

                 M.F.A.No.1398/2013 (MV)

BETWEEN

K P NATARAJ, S/O PARSHURAMAIAH
AGED 30 YEARS
PETTY SHOP BUSINESS
& AGRICULTURIST
R/O KODIHALLI VILLAGE, HIRIYUR TALUK
CHITRADURG DISTRICT
                                             ...APPELLANT
(BY SRI MADHUKAR NADIG, ADVOCATE [ABSENT])

AND

1.    S NAGARAJ, S/O SUBRAMANYAM
      MAJOR
      OWNER OF THE TRACTOR - TAILOR
      BEARING REG NO.KA-40-T-2771-72
      R/O GADIBASANNA LAYOUT
      HULIYAR ROAD, HIRIYUR TOWN
      CHITRADURGA DISTRICT-577501

2.   THE BRANCH MANAGER
     NEW INDIA INSURANCE COMPANY LIMITED
     " VIJAYASR" IN FRONT OF
     NANJUNDESHWARA PETROL BANK
     DAVANAGERE ROAD
     CHITRADURGA-577501
                                       ... RESPONDENTS
(BY SRI E I SANMATHI, ADVOCATE FOR R2;
R1 IS SERVED)
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     THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.10.2011
PASSED IN MVC NO.240/2010 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND ADDITIONAL MACT, HIRIYUR AND ETC.


     THIS M.F.A. COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                      JUDGMENT

This matter is called twice, no representation on

behalf of the appellant. This Court in the earlier order

dated 11.10.2022 made it clear that if the counsel for the

appellant doesn't appear on the next date of hearing, the

appeal will be dismissed for non-prosecution. Inspite of the

said order, the counsel for the appellant is not pursuing the

matter diligently. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

SN