Mr Sri Madhusudan S vs Mr Anwar Hussain
2023 Latest Caselaw 9851 Kant

Karnataka High Court

Mr Sri Madhusudan S vs Mr Anwar Hussain on 8 December, 2023

                                            -1-
                                                       NC: 2023:KHC:44580
                                                     MFA No. 5228 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 8TH DAY OF DECEMBER, 2023

                                         BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                MISCELLANEOUS FIRST APPEAL NO. 5228 OF 2019 (MV-I)
                BETWEEN:

                      SRI MADHUSUDAN S,
                      S/O SRINIVAS,
                      AGED ABOUT 27 YEARS, NOW AGED 31 YEARS,
                      R/AT NEELAKANTAIAH BUILDING,
                      TOWN BAZAR BEEDHI, KOGILU CROSS,
                      YELAHANKA, BENGALURU.
                                                        ...APPELLANT
                (BY SRI. MOHAMMED SHERIFF.,ADVOCATE)

                AND:

                1.    MR ANWAR HUSSAIN,
                      S/O SULAIMAN,
                      56 YEARS, R/O NO.155, 3RD MAIN,
Digitally             MARUTHINAGAR, BEHIND GANESH TEMPLE,
signed by JAI
JYOTHI J              YELAHANKA, BANGALORE - 64.
Location:
HIGH
COURT OF
KARNATAKA       2.    THE NATIONAL INS. CO. LTD.,
                      REGIONAL OFFICE,
                      DODDABALLAPUR BRANCH,
                      DODDABALLAPUR, BENGALURU DIST,
                      REPRESENTED BY ITS MANAGER.
                                                          ...RESPONDENTS
                (BY SMT. MANJULA N TEJESWI, ADVOCATE FOR R2).

                       THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
                JUDGMENT AND AWARD DATED 11.07.2016 PASSED IN MVC
                NO.3720/2015 ON THE FILE OF THE XIII ADDITIONAL SMALL
                CAUSE JUDGE AND MEMBER MACT, BENGALURU (SCCH:15),
                                 -2-
                                                NC: 2023:KHC:44580
                                              MFA No. 5228 of 2019




PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.,

      THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:


                            JUDGMENT

Right from 18.04.2022, this matter underwent

several adjournments for doing the needful to serve notice

on the respondents. Finally, on 07.12.2023, when there

was no representation on behalf of the appellant, the

matter was directed to be listed today under the caption

for dismissal. Today also, there is no representation on

behalf of the appellant. It appears that the appellant is

not interested to pursue the matter.

2. Accordingly, the appeal is dismissed for non-

prosecution.

SD/-

JUDGE

MEG