Shylachar vs Revanappa
2023 Latest Caselaw 6505 Kant

                                               -1-
                                                       NC: 2023:KHC:33039
                                                     MFA No. 5754 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 13TH DAY OF SEPTEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5754 OF 2018 (MV)


                   BETWEEN:

                   SHYLACHAR
                   S/O. RAMACHARI
                   AGED ABOUT 41 YEARS
                   R/O. CHIKKACHELLUR VILLAGE
                   CHALLAKERE TALUK
                   CHITRADURGA DISTRICT.
                                                             ...APPELLANT
                   (BY SRI. R GOPAL., ADVOCATE)

                   AND:

                   1.    REVANAPPA
                         S/O. BASAPPA
                         AGED ABOUT 48 YEARS
Digitally signed         R/O. HITHLA VILLAGE
by
DHANALAKSHMI             SHIKARIPURA
MURTHY                   NO. R/O.5TH CROSS
Location: High           NAVULE,
Court of                 SHIVAMOGGA-577401.
Karnataka

                   2.    KRISHNA
                         S/O. ANNAPPA
                         AGED ABOUT 46 YEARS
                         R/O. KUMSI VILLAGE
                         SHIVAMOGGA TALUK-577 401.

                   3.    J B LEPAKSHI
                         S/O. BASAPPA
                         AGED ABOUT 46 YEARS
                             -2-
                                        NC: 2023:KHC:33039
                                      MFA No. 5754 of 2018




     TAILOR
     R/O. SANTHEBENNUR
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT- 577 401.

4.   T B SIDDALINGAPPA
     S/O. T H BASAVARAJAPPA
     AGED ABOUT 38 YEARS
     MANAGER
     R/O. SANTHEBENNUR
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT- 577 401.

5.   H GIRISH
     S/O. H HALAPPA
     AGED ABOUT 36 YEARS
     BANANA VENDOR
     R/O. RAGHAVENDRA EXTENSION
     3RD CROSS, SHIKARIPURA TOWN
     SHIVAMOGGA DISTRICT-577 401.
                                              ...RESPONDENTS


(BY SRI.V.S. RAVINDRA HOLLA, ADVOCATE FOR R3 & R4:
    NOTICE TO R1 & R2 IS SERVED & UNREPRESENTED)


      THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:15.03.2018
PASSED IN MVC NO.40/2012 ON THE FILE OF THE 2ND
ADDITIONAL     DISTRICT   JUDGE,   AMACT-2,    SHIVAMOGGA,
AWARDING COMPENSATION OF RS.6,62,000/- WITH INTEREST
AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF
REALIZATION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                -3-
                                            NC: 2023:KHC:33039
                                        MFA No. 5754 of 2018




                            JUDGMENT

1. Learned counsel for the appellant has filed a memo

stating that the dispute between the parties has been

settled before the Lok-Adalath in the Execution Petition.

Hence, the present appeal does not survive for

consideration and the same has become infructuous.

2. Memo dated 04.08.2023 is taken on record.

3. Accordingly, the appeal is disposed of as having

become infructuous.

4. Office is directed to refund the amount deposited by

the appellant before this Court in favour of the appellant,

after due verification.

Sd/-

JUDGE

HA