Karnataka High Court
Sri Thandavamurthy vs Sri Vijikumar on 2 April, 2024
Author: H.B. Prabhakara Sastry
Bench: H.B. Prabhakara Sastry
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NC: 2024:KHC:13312-DB
MFA No. 4533 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B. PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T.
MISCELLANEOUS FIRST APPEAL NO.4533 OF 2022 (MV-I)
BETWEEN:
SRI THANDAVAMURTHY
S/O. LATE K. M. DEVAPPA
AGED 41 YEARS
RESIDING AT KAGGERE VILLAGE AND POST
K.R. NAGAR TALUK
MYSURU-571 602.
...APPELLANT
(BY SRI RAJANEESH C. M., ADVOCATE)
AND:
1. SRI VIJIKUMAR
Digitally signed by
MOUNESHWARAPPA S/O. KRISHNEGOWDA
NAGARATHNA
Location: HIGH
AGED ABOUT 35 YEARS
COURT OF
KARNATAKA RESIDING AT GEARDADA VILLAGE
MUNJANAHALLI POST
HOSA AGRAHARA HOBLI
K.R. NAGAR TALUK
MYSURU-571 601.
2. SRI KUMAR
S/O. SRI DUNDAPPA
MAJOR, RESIDING AT BOMMANAHALLI VILLAGE
BIJAPURA TALUK
BIJAPURA-586 214.
...RESPONDENTS
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NC: 2024:KHC:13312-DB
MFA No. 4533 of 2022
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT
AND AWARD DATED 7-10-2021 PASSED IN M.V.C. NO. 30 OF
2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C.,
KRISHNARAJANAGARA, MYSURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ORDERS, THIS DAY, DR. H. B. PRABHAKARA
SASTRY, J., MADE THE FOLLOWING:
ORDER
Called again in the second round. Learned counsel for
the appellant is neither physically present nor through
video-conference. No reasons are forthcoming for his non-
appearance.
2. Perusal of the order-sheet go to reveal that on
28-3-2024, since the appellant had not taken steps as
against respondent Nos.1 and 2 for nearly one year, this
Court though granted further time, as a final chance, but
imposed of a cost of `500/- payable by the learned counsel
for the appellant to the Legal Services Committee of this
Court. Later on, the matter was listed on 1-4-2024.
NC: 2024:KHC:13312-DB
3. On 1-4-2024, the learned counsel for the appellant
was physically present and submitted that he intends to
withdraw the appeal as not pressed. As such, in order to
enable him to pay the cost ordered on 28-3-2024 and to
file a memo for withdrawal of the appeal, the matter was
listed today, as prayed for by him. However, though the
matter called again in two rounds, the learned counsel for
the appellant has remained absent without showing any
reasons. Under the above circumstance, the appeal not
only deserves to be dismissed for non-taking steps, but
also deserves an order regarding the recovery of the cost.
4. It is ordered accordingly. The appeal stands
dismissed for non-taking steps and for non-prosecution.
The cost imposed upon the learned counsel for the
appellant on 28-3-2024 can be recovered by the beneficiary by
treating the order dated 28-3-2024 and today's order as
decrees as an arrear in land revenue and in accordance with
law. To enable the beneficiary to recover the said amount, the
Registry to furnish the copy of today's order along with the
NC: 2024:KHC:13312-DB
certified copy of the order dated 28-3-2024 and 1-4-2024
to the said beneficiary immediately.
Sd/-
JUDGE
Sd/-
JUDGE
KVK
