Citation : 2023 Latest Caselaw 10888 Kant
Judgement Date : 18 December, 2023
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NC: 2023:KHC:46204
MFA No. 1108 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 1108 OF 2017 (MV-I)
BETWEEN:
VENKATARAMANAPPA @ VENKATARAMANA,
S/O LATE NARAYANAPPA,
AGED 48 YEARS,
R/O NO.37, B.B.NAGAR,
KODIGEHALLI, BANGALORE - 92.
...APPELLANT
(BY SRI. H K BASAVARAJ, ADVOCATE)
AND:
SMT. SABITHA,
W/O V SURESH,
AGED MAJOR,
SHAKTHINAGAR, SONNAPPANAHALLI
BETTAHALASUR, BANGALORE - 562 157.
Digitally
signed by ...RESPONDENT
JAI JYOTHI J
THIS MFA IS FILED U/S 173(1)OF MV ACT AGAINST THE
Location:
HIGH JUDGMENT AND AWARD DATED 16.12.2015 PASSED IN MVC
COURT OF
KARNATAKA NO.5347/2014 ON THE FILE OF THE XII ADDITIONAL SMALL
CAUSES JUDGE AND MEMEBER, M.A.C.T, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:46204
MFA No. 1108 of 2017
ORDER
This is an appeal of the year 2017. As per the
docket proceedings on 16.03.2018, it reveals that the
counsel for the appellant submitted that he will do the
needful during the course of the day. Then again on
14.11.2019, two weeks' time was granted to do the
needful. As per the office objections, they have not taken
any steps. On 05.12.2023, when there was no
representation on behalf of the appellant, this Court has
directed the matter to be listed under the caption for
dismissal on 06.12.2023. On 06.12.2023, when the
matter came up, this Court directed the appellant to take
notice by way of substituted service by 18.12.2023 and by
that time, if the application for substituted service was not
filed, the appeal shall stand dismissed without further
reference to the Court.
2. Today also, there is no representation on behalf
of the appellant. The appellant had not taken any steps
from 2018 till now for service of notice on the respondent,
NC: 2023:KHC:46204
it appears that the appellant is not interested to pursue
the matter.
3. Accordingly, the appeal is dismissed for non-
prosecution.
Sd/-
JUDGE
MEG
CT: BHK
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