Jamshed Ahamed vs Imrankhan
2024 Latest Caselaw 10015 Kant

Karnataka High Court

Jamshed Ahamed vs Imrankhan on 5 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                 -1-
                                                               NC: 2024:KHC:14267
                                                         MFA No. 3349 of 2013




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 5TH DAY OF APRIL, 2024

                                              BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.3349 OF 2013(MV-D)
                      BETWEEN:

                      JAMSHED AHAMED
                      S/O LATE C.H.ABDUL LATEEF SAB,
                      AGED ABOUT 36 YEARS,
                      R/O S.M.STREET,
                      CHIKMAGALUR-577 101.
                                                                     ...APPELLANT
                      (APPELLANT-ABSENT)

                      AND:

                      1.    IMRANKHAN
                            S/O NASMULLA KHAN,
                            AGED ABOUT 51 YEARS,
                            DRIVER,
                            MAHABALESHWARA RAO,
                            C/O AMEER JAAN,
Digitally signed by         S/O HAKEEMSAB,
THEJASKUMAR N               BEHIND KANNADA SCHOOL,
Location: HIGH              RIJAYAPURA,
COURT OF
KARNATAKA                   CHIKMAGALUR-577 101.

                      2.    AMMERJAAN
                            AGED ABOUT 56 YEARS,
                            OWNER, MAHABALESHWARA BUS,
                            R/O BEHIND KANNADA SCHOOL
                            VIJAYAPURA,
                            CHIKMAGALUR-577 101.

                      3.    THE BRANCH MANAGER,
                            ORIENTAL INSURANCE COMPANY LTD.,
                            NO.7, UTHAMAR GANDHI SALAI,
                               -2-
                                            NC: 2024:KHC:14267
                                         MFA No. 3349 of 2013




     2ND FLOOR,
     ROSY TOWERS,
     NUMGAMBAKKAM,
     CHENNAI-600 034.
     TAMILNADU.

4.   THE MANAGER,
     NEW INDIA INSURANCE CO. LTD.,
     NEHRU ROAD,
     SHIMOGA-577 201.
                                               ...RESPONDENTS
(R1 AND R2-HELD SUFFICIENT V/O DATED:10.07.2014;
  BY SRI. ASHOK.N.PATIL., ADVOCATE FOR R3;
    SRI. G.N.RAJENDRA., ADVOCATE FOR R4)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:07.12.2012
PASSED IN MVC NO.37/2007 ON THE FILE OF THE ADDITIONAL
DISTRICT JUDGE, MEMBER, MACT, CHIKMAGALUR.

      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                          JUDGMENT

The name of the appellant is called out thrice in the open

Court. There is no representation on behalf of the appellant

either personally or through video conferencing. The appellant

is absent.

As could be seen from the daily order sheet, the appeal

was listed on 03.09.2021, on that day, counsel for the

NC: 2024:KHC:14267

appellant was permitted to retire from the case and it was

ordered to print the name of the appellant in the cause list.

This Court vide order dated:09.01.2024 Court notice was

issued to the appellant. A perusal of the office note depicts that

appellant is served and unrepresented. The appellant has not

made any efforts to engage the services of other advocate or

conducted the case as party in person.

As already noted above, the name of the appellant is

called out thrice in the open Court. There is no representation

on behalf of the appellant either personally or through video

conferencing. The appellant is absent. It appears that the

appellant is not interested in prosecuting the appeal. Hence,

the Miscellaneous First Appeal is dismissed for non-

prosecution.

Sd/-

JUDGE MRP