Mohammed Yunus vs Sri Nagesh
2023 Latest Caselaw 10148 Kant

Karnataka High Court

Mohammed Yunus vs Sri Nagesh on 11 December, 2023

                                            -1-
                                                      NC: 2023:KHC:46290
                                                    MFA No. 3304 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                         BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                     MISCELLANEOUS FIRST APPEAL NO. 3304 OF 2019

                BETWEEN:

                MOHAMMED YUNUS,
                S/O SULEMAN,
                AGED ABOUT 22 YEARS,
                R/A NO.228 EWS, DR RAJKUMAR ROAD,
                KALYANAGIRI NAGARA,
                MYSORE.
                                                            ...APPELLANT
                (BY SRI.SUDHAKAR M.,ADVOCATE)

                AND:

                1.    SRI.NAGESH,
                      S/O ANKAPPA,
Digitally             MAJOR,
signed by JAI
JYOTHI J              R/A NO.5, 3RD MAIN ROAD,
Location:             J.P. NAGAR POST,
HIGH COURT
OF                    R.K.NAGARA,
KARNATAKA             K.K PURA MAIN ROAD,
                      BENGALURU-560078,

                2.    THE MANAGER,
                      UNITED INDIA INSURANCE CO. LTD.,
                      NO.2912, SRI.VENKATESHWARA PLAZA,
                      IST MAIN, SARASWATHIPURAM,
                      MYSORE.

                                                          ...RESPONDENTS
                                  -2-
                                                 NC: 2023:KHC:46290
                                               MFA No. 3304 of 2019




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.06.2018 PASSED IN M.V.C
NO.2699/2016 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                                ORDER

When this matter came up before this Court on

05.12.2023, as there was no representation, directed this

matter to be listed on 06.12.2023. The learned counsel for the

appellant sought time in 07.12.2023 for taking steps. This

Court has passed a default order, by that time the steps are not

taken, the appeal stand dismissed. On 08.12.2023 there was

no representation. Hence, the matter was again directed to be

posted for dismissal today. Today also there is no

representation under the conditional order is also not complied

with. Accordingly, appeal is dismissed for non-prosecution.

SD/-

JUDGE

RMS