Lakshmidevi vs Sri K V Vijay Kumar
2024 Latest Caselaw 10907 Kant

Karnataka High Court

Lakshmidevi vs Sri K V Vijay Kumar on 22 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                  -1-
                                                              NC: 2024:KHC:15856
                                                           MFA No. 2790 of 2013




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 22ND DAY OF APRIL, 2024

                                                BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO. 2790 OF 2013 (MV)
                      BETWEEN:

                      LAKSHMIDEVI
                      AGED ABOUT 59 YEARS,
                      W/O LATE SEETHARAM RAO.K,
                      OCC: HOUSE WIFE,
                      R/O. 818, 13TH CROSS,
                      MAHALAKSHMI LAYOUT,
                      BANGALORE-560 086.
                                                                    ...APPELLANT

                      (BY SRI. V.N.MADHAVA REDDY., ADVOCATE [ABSENT])

                      AND:

                      1.    SRI. K.V.VIJAY KUMAR
                            S/O K.V.VEERABHADRAIAH,
                            RIDER OF MOTOR CYCLE BEARING
                            NO.KA-06-Q-5470, R/O. "DEVASADANA",
Digitally signed by
PREMCHANDRA M R             2ND MAIN ROAD, BASAVESHWAR EXTENSION,
Location: HIGH              KYATHASANDRA, TUMKUR -572 104.
COURT OF
KARNATAKA
                      2.    K.VEERABHADRAIAH
                            S/O LATE S.RUDRAPPA,
                            DEVASADANA, 2ND MAIN ROAD,
                            BASAVESHWAR EXTENSION,
                            KYATHASANDRA, TUMKUR-572 104.
                            DEAD SHALL BE REPRESENTED BY HIS
                            LEGAL HEIR K.V.VIJAY KUMAR-572 104.
                            RESPONDENT NO.1.

                      3.    U.I.I.CO. LTD.,
                            1ST FLOOR, JAYADEVA COMPLEX,
                                       -2-
                                                     NC: 2024:KHC:15856
                                                   MFA No. 2790 of 2013




      P.B.NO. 54, B.H.ROAD,
      TUMKUR-572 101.
                                                           ...RESPONDENTS
(BY SRI. R.MANJUNATH., ADVOCATE FOR R1;
    SRI. B.C. SEETHARAMARAO., ADVOCATE FOR R3;
   NOTICE TO R2-DISPENSED WITH V/O DATED:29.10.2015)

       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:03.11.2011
PASSED IN MVC NO.9085/2008 ON THE FILE OF THE IV
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER,
MACT, BANGALORE CITY.

       THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT MADE THE FOLLOWING:
                                 ORDER

When the matter is called, there is no representation on

behalf of appellant, either personally or through video

conferencing.

Sri.B.C.Seetharama Rao., learned counsel for respondent

No.3 has appeared through video conferencing.

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

was listed on 08.04.2024, on that day, there was no

representation on behalf of the appellant, hence the office was

directed to list this matter under the caption 'for dismissal' on

NC: 2024:KHC:15856

16.04.2024. The appeal was listed on 16.04.2024, on that day,

at request on behalf of learned counsel for respondent No.3, it

was ordered to be listed on 22.04.2024.

The appeal is listed today. As already noted above, when

the matter is called, 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 MRP