Kempegowda vs Chandrashekara
2023 Latest Caselaw 8916 Kant

Karnataka High Court

Kempegowda vs Chandrashekara on 29 November, 2023

                                          -1-
                                                     NC: 2023:KHC:43289
                                                    MFA No. 911 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                        BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                MISCELLANEOUS FIRST APPEAL NO. 911 OF 2017 (MV-D)
                BETWEEN:

                KEMPEGOWDA,
                S/O HALEGOWDA,
                AGED ABOUT 58 YEARS,
                R/O HURULINGANAHALLY,
                BEEDIHALLY POST, HONAKERE HOBLI,
                NAGAMANGALA TALUK,
                MANDYA DISTRICT - 571 432.
                                                           ...APPELLANT
                (BY SRI. CHANDRASHEKAR H.B, ADVOCATE)

                AND:

                1.    CHANDRASHEKARA,
Digitally             S/O LATE DASAIAH,
signed by JAI
JYOTHI J              AGED ABOUT 43 YEARS,
Location:             R/O SHANKANAHALLY VILLAGE,
HIGH
COURT OF              KASABA HOBLI, NAGAMANGALA TALUK,
KARNATAKA
                      MANDYA DISTRICT,
                      NOW RESIDING AT
                      C/O HOUSE OF CHANDRAKALA,
                      7TH CROSS, SUBASHNAGARA,
                      MANDYA CITY - 571 401.

                2.    SMT.THAYAMMA @ KALAMMA,
                      D/O LATE DASAIAH,
                      W/O VASANTHKUMAR,
                      AGED ABOUT 37 YEARS,
                             -2-
                                         NC: 2023:KHC:43289
                                       MFA No. 911 of 2017




    R/O MUTHASANDRA VILLAGE,
    NAGAMANGALA TALUK,
    MANDYA DISTRICT - 571 432.
                                            ...RESPONDENTS
(BY SRI. A.K. BHAT, ADVOCATE FOR R1 AND R2)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.04.2014 PASSED IN MVC
NO.41/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, AT NAGAMANGALA, AWARDING COMPENSATION OF
RS.4,04,500/- WITH INTEREST AT THE RATE OF RS.6% P.A.
FROM THE DATE OF PETITION TILL PAYMENT.

     THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

When the matter came up on 23.11.2021, interim

order was granted. As per the office note, 50% of the

award amount is not deposited before this Court. When

the matter came up on 28.11.2023, there was no

representation on behalf of the appellant and it was

directed to be listed today under the caption for dismissal.

Today also, there is no appearance.

NC: 2023:KHC:43289

2. Accordingly, the appeal is dismissed for non-

prosecution.

SD/-

JUDGE

MEG

CT: BHK