H.K.Shivegowda vs Smt.Gangamma
2024 Latest Caselaw 10479 Kant

Karnataka High Court

H.K.Shivegowda vs Smt.Gangamma on 16 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                   -1-
                                                           NC: 2024:KHC:15131
                                                         MFA No. 4468 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 16TH DAY OF APRIL, 2024

                                              BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.4468 OF 2015(MV-D)
                      BETWEEN:

                      H.K.SHIVEGOWDA
                      S/O LATE KENCHEGOWDA,
                      PRESENTLY AGED ABOUT 46 YEARS,
                      RESIDING AT 11, NEW NO.6,
                      6TH MAIN, SHIVANAGARA
                      BENGALURU-560 010.
                                                                ...APPELLANT
                      (BY SRI. NARENDRA GOWDA., ADVOCATE [ABSENT])

                      AND:

                      1.    SMT.GANGAMMA
                            W/O LATE SHIVANNA,
                            AGED ABOUT 56 YEARS,

                      2.    NAGARATHNA
Digitally signed by         D/O LATE SHIVANNA,
THEJASKUMAR N               AGED ABOUT 39 YEARS,
Location: HIGH
COURT OF
KARNATAKA             3.    KAMALA
                            D/O LATE SHIVANNA,
                            AGED ABOUT 38 YEARS,

                      4.    MANJUNATHA
                            S/O LATE SHIVANNA,
                            AGED ABOUT 36 YEARS,

                      5.    SMT. DEVIRAMMA
                            W/O LATE BORAIAH,
                            AGED ABOUT 79 YEARS,
                             -2-
                                       NC: 2024:KHC:15131
                                     MFA No. 4468 of 2015




     THE RESPONDENTS NO.1 AND 5 ARE
     THE RESIDENTS OF MALLAGHATTA
     BEGUR POST, KUNIGAL TALUK,
     TUMKUR DISTRICT-572 130.

6.   SRI. KANDASWAMY
     S/O NACHIMUTHU CHETTIAR,
     MAJOR, AGED MAJOR,
     GUNNY MERCHANT, SOCIETY ROAD,
     HASSAN-573 201.

7.   THE BRANCH MANAGER,
     ORIENTAL INSURANCE COMPANY LIMITED,
     NO.342/1, SAMPIGE ROAD,
     NEAR 11TH CROSS, MALLESWARAM,
     BENGALURU-560 003.

8.   SRI. SHIVEGOWDA
     S/O GIDDEGOWDA,
     AGED MAJOR,
     RAJAGATTA, HASSAN-573 201.
                                        ...RESPONDENTS
(BY SRI. H.T.VASANTH KUMAR., ADVOCATE FOR R1 TO R4;
    SRI. A. RAMESH., ADVOCATE FOR R7;
  R5-AGAINST APPEAL IS ABATED V/ODATED:11.03.2022;
  R6 AND R8-SERVED AND UNREPRESENTED)

        THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:01.04.2008
PASSED IN MVC NO.867/1996 ON THE FILE OF THE PRINCIPAL
CIVIL     JUDGE(SR.DN),   MEMBER,    ADDITIONAL    MACT,
RAMANAGARA.

        THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
                                    -3-
                                                   NC: 2024:KHC:15131
                                                 MFA No. 4468 of 2015




                                 ORDER

Though matter called twice, there is no representation on

behalf of the appellant, either personally or through video

conferencing.

Sri.H.T.Vasanth Kumar., learned counsel for respondents

1 to 4 has appeared through video conferencing.

As could be seen from the appeal papers, the appeal is

filed in the year 2015. Now we are in the month of April 2024.

The appeal is pending from nine years.

As already noted above, though matter called twice, there

is no representation on behalf of the appellant, either

personally or through video conferencing. It appears that the

appellant is not interested in prosecuting the appeal. Hence,

the Miscellaneous First Appeal is dismissed for non-

prosecution.

Sd/-

JUDGE TKN