Mr Purushothama vs Mr Mahabala M
2023 Latest Caselaw 9852 Kant

Karnataka High Court

Mr Purushothama vs Mr Mahabala M on 8 December, 2023

                                             -1-
                                                         NC: 2023:KHC:44642
                                                    MFA No. 6986 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. 6986 OF 2019 (ECA-D)
                BETWEEN:

                1.    MR. PURUSHOTHAMA,
                      S/O. APPU POOJARY,
                      AGED ABOUT 62 YEARS.

                2.    SMT. ROHINI,
                      W/O. PURUSHOTHAMA,
                      AGED ABOUT 55 YEARS.

                3.    KUM. CHINTHANA,
                      D/O. PURUSHOTHAMA,
                      AGED ABOUT 26 YEARS,
                      ALL ARE RESIDING AT KALLAGUDDE,
                      RAMDAS NAGAR, BAJAL POST,
                      MANGALORE - 575 007.
Digitally
signed by JAI                                              ...APPELLANTS
JYOTHI J
Location:       (BY SRI. ANANDA.,ADVOCATE)
HIGH
COURT OF
KARNATAKA       AND:

                1.    MR. MAHABALA M.,
                      S/O. CHINNAYYA KOTTARI,
                      AGED ABOUT 51 YEARS,
                      PROPRIETOR; MAHABALA BUILDERS,
                      2ND FLOOR, EMPORIUM COMMERCIAL
                      COMPLEX, OLD PUMPWELL RAOD,
                      KANKANNADY, MANGALORE - 575 002.
                                    -2-
                                               NC: 2023:KHC:44642
                                             MFA No. 6986 of 2019




2.   THE NEW INDIA ASURANCE CO.LTD.
     REPRESENTED BY ITS DIVISONAL MANAGER,
     SITUATED AT 2ND FLOOR,
     RAM BHAVAN COMPLEX,
     KODIALBAIL POST, MANGALORE - 575 003.
                                        ...RESPONDENTS
        THIS   MFA    IS   FILED     U/S   30(1)   OF   EMPLOYEES
COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 09.03.2018 PASSED IN ECA.NO.72/2014 ON THE FILE
OF THE COMMISSIONER FOR EMPLOYEES COMPENSATION AND
II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU,
D.K.,    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

This is an appeal of the year 2019, so far the steps

are not taken for service of notice to the respondents. On

25.07.2022, when this matter came up, the docket order

shows that the learned counsel for the appellants is

absent. As a last chance two weeks was granted for doing

the needful. As the needful is not done and the matter

was listed for orders on 07.12.2023, even on that day also

NC: 2023:KHC:44642

there was no representation on behalf of the appellants.

Hence, this matter was directed to be listed for the caption

for dismissal on 08.12.2023. Today also, there is no

representation.

2. Accordingly, the appeal is dismissed for non-

prosecution.

SD/-

JUDGE

MEG