Sri. Javeed Pasha vs Sri. Venkateshwaran V
2023 Latest Caselaw 191 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 3RD DAY OF JANUARY, 2023

                         BEFORE

      THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

     MISCELLANEOUS FIRST APPEAL NO.4631 OF 2013 (MV)

BETWEEN:

SRI JAVEED PASHA
S/O.SYED AHMED SHARIF
AGED ABOUT 38 YEARS
OCC: NIL
R/AT NO.61/2, 1ST MAIN ROAD
M.CROSS, NEW GURAPPANA PALYA
BENGALURU - 560 029                      ... APPELLANT

(BY SRI SURESH M.LATUR, ADVOCATE)

AND:

1.      SRI VENKATESWARAN V.
        S/O.V.V.VAIDYANATHAN
        IF HVS ARTS NO.1
        EDWARD ROAD
        BENGALURU - 560 052

2.      SRI TIPPUSULTHAN
        S/O.LATE MOHAMMED RAFI
        AGED ABOUT 23 YEARS
        R/AT NO.48, 4TH CROSS
        NEAR MUNAVAR MASJID
        NEW GURAPPA PALYA
        B.G.ROAD
        BENGALURU - 560 029           ... RESPONDENTS

(R-1 IS SERVED;
 NOTICE TO R-2 IS DISPENSED WITH V.O.D 28.05.2021)
                         ---
     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MOTOR VEHICLES ACT
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD
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DATED 11.02.2013 PASSED BY XIV ADDITIONAL JUDGE,
MACT, BENGALURU IN MVC NO.7493/2011 AND ETC.

     THIS APPEAL COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                               JUDGMENT

Learned counsel for appellant submits that he wants

to withdraw the appeal, as the respondent-owner of the

offending vehicle is unable to be traced to enjoy the fruits

of the decree. He files a memo dated 12.12.2022 to the

said effect.

The said memo 12.12.2022 reads as under:

"In the above case, liability fixed upon owner Respondent No.1 who is not found so far, and where about are not known. Hence, the above case may kindly be closed as not pressed.

Hence, this Memo."

Placing the submission of learned counsel for

appellant and the memo on record, the appeal is

dismissed as withdrawn.

Pending application does not survive and the same is

accordingly disposed of.

[[

Sd/-

JUDGE

LB