Shareefsab vs Union Of India
2023 Latest Caselaw 9357 Kant

Karnataka High Court

Shareefsab vs Union Of India on 5 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                              -1-
                                                          NC: 2023:KHC:43859
                                                       MFA No. 1036 of 2018




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                           BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 1036 OF 2018 (RCT)
                   BETWEEN:

                   SHAREEFSAB
                   S/O BUDENSAB YELIWAL
                   AGED ABOUT 46 YEARS
                   OCC: COOLIE, MASON WORK
                   NOW R/AT MARAVAHALLI VILLAGE
                   HOSUR HOBLI, TALUK SHIKARIPURA
                   DISTRICT SHIMOGA
                                                                ...APPELLANT
                   (BY SRI. N P SINGRI .,ADVOCATE [ABSENT])

                   AND:

                   UNION OF INDIA
                   REP BY ITS GENERAL MANAGER
                   SOUTH WESTERN, RAILWAYS HUBLI
Digitally signed                                              ...RESPONDENT
by
DHANALAKSHMI
MURTHY             (BY SRI.SHANTHIBHUSHAN H DSG.)
Location: High
Court of
Karnataka          THIS MFA IS FILED UNDER SECTION 23(1) OF THE RAILWAY
                   CLAIMS TRIBUNAL ACT 1987,      PRAYING TO ALLOW THE
                   APPEAL, MODIFY THE JUDGMENT AND AWARD DATED: 11-10-
                   2017 PASSED IN OA II (U) No. 96/2017, BY THE COURT OF
                   THE RAILWAY CLAIMS TRIBUNAL AT BANGALORE BENCH AND
                   ALLOW THE APPLICATION FILED FOR CONDONATION OF DELAY
                   IN THE INTEREST OF JUSTICE AND EQUITUY.

                        THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
                   THE COURT DELIVERED THE FOLLOWING:
                                 -2-
                                             NC: 2023:KHC:43859
                                           MFA No. 1036 of 2018




                          JUDGMENT

1. None appears for the appellant.

2. When the matter was posted on 18.03.2021, none

appeared for the appellant. Hence, the matter was

adjourned by two weeks. Again on 10.11.2022 when the

matter was posted, none appeared for the appellant.

Hence, the matter was directed to be posted on

17.11.2022. Even today when the matter is called out,

none appears for the appellant and learned Deputy

Solicitor General is present.

3. It appears that the appellant is not interested in

prosecuting the case. Hence, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

HA